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Agency

Unit: Introduction to Law and Governance

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August 2025

1 Questions
Question 4c
​​In relation to the Law of Agency, analyse FOUR types of agents.


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April 2025

1 Questions
Question 5c
​​Explain FIVE circumstances when a principal is not allowed to unilaterally terminate an agency contract.


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December 2024

1 Questions
Question 3c
​​Discuss FOUR ways in which an agency relationship can be terminated by the operation of law.


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August 2024

1 Questions
Question 2c
​​With reference to the law of agency: 

(i) Explain TWO rights of parties in an agency relationship. 

(ii) Describe THREE duties of agents.


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April 2024

1 Questions
Question 2a
​​With respect to law of agency, distinguish between “apparent/ostensible authority” and “presumed authority”


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December 2023

2 Questions
Question 1b
​​Summarise FIVE steps an agent could take to protect himself from personal liability in an agency relationship.


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Question 5c
​​Agents must perform an undertaking personally and must not sub delegate. 

Highlight SIX exceptions to this principle


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August 2023

1 Questions
Question 3d
​​Highlight SEVEN conditions which must be fulfilled in order for a principal to effectively ratify, an act of an Agent


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April 2023

1 Questions
Question 3c
​​Describe FIVE specific agents under the Law of Agency


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December 2022

1 Questions
Question 4a
​​Outline FIVE conditions that are necessary for agency by ratification to arise.


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August 2022

2 Questions
Question 4d
​​Explain the personal liability of an agent.


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Question 5b
​​State three conditions which must be satisfied for a commercial agency to arise.


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April 2022

1 Questions
Question 6a
​​Describe six rights of a principal whose agent makes a secret profit or takes a bribe from a third party with whom he contracts on behalf of the principal


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Question 2b
​​Explain five circumstances when an agent can be held personally liable.


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December 2021

2 Questions
Question 5c
​​Outline five ways through which an agency might be created.


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Question 5b
​​Summarise five conditions necessary for ratification of an agency


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August 2021

1 Questions
Question 3c
​​Oakland Company Ltd. employed Chief Kingi as a salesman. A year later, the company terminated the services of Chief Kingi due to dishonesty. The company did not inform its customers about the dismissal. Jimmy Brian, one of the company's customers, paid Sh.500,000 which he owed the company to Chief Kingi two months after he was dismissed. Chief Kingi did not remit the money to the company and went into hiding. Oakland Company Ltd. has sued Jimmy Brian for recovery of the Sh.500,000.

Analyse the legal principles applicable to the above case and advise Jimmy Brian and Oakland Company Ltd.


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May 2021

1 Questions
Question 5c
​​Summarise six circumstances under which the principal might unilaterally cancel an agency relationship without being liable to the agent for breach of contract.


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November 2020

1 Questions
Question 6a
​​ With specific reference to the law of agency: 

(i) Outline four circumstances under which an agent may be held personally liable to third parties. 

(ii) Explain four ways in which an agency relationship may terminate.


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November 2019

1 Questions
Question 6b
​​Highlight four circumstances in which the principle of "delegate non potest delegare" does not apply in the law of agency.


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May 2019

2 Questions
Question 1b
​​Explain four features necessary for agency of necessity to exist.


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Question 1c
​​Describe three types of authority that an agent has.


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November 2018

2 Questions
Question 4b
​​Explain five circumstances under which an agent's action which was initially unauthorised might be subsequently ratified by his principal so as to become binding.


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Question 5a
​​Ukulima Limited created the position of managing director but no one was appointed to the position. Brian Bundi, a director, with the knowledge of the other directors, purported to act as the Managing Director and hired Mjengo Limited to do some work for the company. Mjengo Limited has now demanded for payment for the work done but Ukulima Limited has refused to pay stating that Brian Bundi had no authority to act on the company's behalf. 

Advise Mjengo Limited on the legal position.


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May 2018

1 Questions
Question 2c
​​One of the important legal maxims in the application of the law of agency is expressed as: "A delegate cannot further delegate". 

In relation to the above statement, discuss five circumstances under which an agent might appoint a sub-agent.


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November 2017

1 Questions
Question 2a
​​With reference to the law of agency:

(i) Distinguish between a "special agent" and a "general agent'
(ii) Highlight five conditions which must be fulfilled for a principal to effectively ratify the acts of an agent.
(iii) Outline obligations of an agent to the principal.


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May 2017

1 Questions
Question 2b
​​(i) Explain three conditions that should be fulfilled for agency by necessity to arise.

(ii) Identify two circumstances when an agency relationship might come to an end by an act of the parties.


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November 2016

1 Questions
Question 2b
​​Identify ten fiduciary duties imposed on an agent when acting primarily on behalf of a principal.


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May 2016

2 Questions
Question 5c
D​escribe three conditions necessary for a valid ratification in the law of agency.


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Question 7c
​​Describe five remedies of a principal for an agent's breach of duty.


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November 2015

1 Questions
Question 2a
​​Explain five rights of an agent.


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Question 7c
​​ In relation to the law of agency, explain the following: 

(i) Del credere agent. 

(ii) Factor agent. 

(iii) Two circumstances when the principal is not allowed to unilaterally terminate an agency contract.


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Question 5a
​​(i) Distinguish between "actual authority" and "ostensible authority" of an agent. 

(ii) An agent must not delegate powers that have been delegated to him. 

Explain four exceptions to this rule.


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