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Dbm 103/Dsm 113/Ldp 102: Commercial Law Question Paper

Dbm 103/Dsm 113/Ldp 102: Commercial Law

Course:Diploma In Business Management

Institution: University Of Nairobi question papers

Exam Year:2012

UNIVERSITY OF NAIROBI
SECOND SEMESTER EXAMINATIONS 2011/2012

EXAMINATION FOR THE DIPLOMA IN BUSINESS MANAGEMENT/DIPLOMA IN SALES AND MARKETING MANAGEMENT AND DIPLOMA IN PURCHASING AND SUPPLIES

DBM 103/DSM 113/LDP 102: Commercial Law

INSTRUCTIONS
Answer question one and any two other questions.
Use legal illustration wher applicable

QUESTION ONE
a. Distinguish between the following:
i. Common law and equity. (2mks)
ii. Delegated legislation and judicial precedent. (2mks)
iii. Executed contract and executory contract. (2mks)
iv. Void contract and voidable contract. (2mks)
v. Condition and warranty. (2mks)

b. Explain what is meant by frustration in the law of contract and examine any three circumstances in which a contract may be frustrated. (8mks)

c. Explain any four conditions under the sales of goods act. (8mks)

d. "Receiving another's goods is conversion". Examine two exceptions to this assertion. (4mks)

QUESTION TWO
a. Outline any six rules that must hold for an agency to be created by ratification. (9mks)
b. Examine any four differences between a sale and an agreement to sale. (8mks)
c. State any three concepts that underline the practice of the rule of law. (3mks)

QUESTION THREE
a. Explain any two circumstances under which an agency cannot be revoked. (4mks)
b. Other than by agreement, explain two other ways in which agency is terminated by acts of the parties. (6mks)
c. Outline any four differences between a partnership and a company. (6mks)
d. Outline four rights that the principal has against the agent. (4mks)

QUESTION FOUR
a. Define and elaborate on the composition and jurisdiction of the following courts in Kenya.
i. Supreme Court. (5mks)
ii. Court of appeal. (5mks)

b. Explain the meaning of the terms offer and acceptance and examine four rules of acceptance.

QUESTION FIVE
a. Discuss any four duties of partners as stipulated by the Partnership Act. (8mks)
b. Write short notes on the following vitiating elements of a contract:
i. Mistake. (4mks)
ii. Misrepresentation. (4mks)
c. Enumerate any four advantages of using arbitration as a dispute resolution mechanism. (4mks)

Dbm 103/Dsm 113/Ldp 102: Commercial Law Question Paper

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