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December 2023

Unit: Introduction to Law and Governance

25 Questions

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Questions

1a
The Court System
​​The Supreme Court is the apex court in the judicial system. 

Describe the composition of this Court in your country
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1b
Agency
​​Summarise FIVE steps an agent could take to protect himself from personal liability in an agency relationship.
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1c
Insurance
​​In relation to the principle of insurable interest, identify FIVE categories of persons who have an insurable interest in the life of other people.
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1d
Alternative Dispute Resolutions (ADR)
​​Disputing parties are encouraged to explore alternative methods to resolve disputes including traditional dispute resolution mechanisms. 

Outline SIX benefits that could be derived from the use of these mechanisms in resolving disputes
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2a
The Law of Property
​​Describe the following aspects with regard to trademarks as an intellectual property: 

(i) Infringement of trademark. 

(ii) Passing off.
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2b
Nature, Purpose and Classification of Law
​​State THREE functions of law
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2c
Negotiable Instruments
​​The Court underscored the confidential relationship between the bank and its customers in Tounier v National Provincial and Union Bank of England, Ltd (1923). 

(i) With reference to the above statement, explain the confidentiality principle in bank and customer relations. 

(ii) Highlight FOUR exceptions to the principle in (c) (i) above.
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2d
Law of Contract
​​Outline SEVEN circumstances that would make consideration in a contract unlawful.
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3a
Law of Tort
​​Explain the term “Occupier’s liability” as used in the law of Tort.
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3b
Law of Tort
Martin is employed as a waiter by Jackson in his restaurant. One of his duties is attending to customers’ orders. Jackson manages the restaurant by himself and expressly gives instructions to all his employees in the restaurant on how to do their work. One day while Martin was serving a customer, a hot beverage accidentally poured on a customer causing severe burns.

Required: 

(i) Describe the legal principle in this scenario. 

(ii) Determine the party or person to bear the liability for the injury suffered by the customer. 

(iii) State FOUR reasons why the party or person identified in (ii) above will bear the liability
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3c
Sale of Goods
​​(i) In relation to sale of goods, explain the meaning of “Transfer of ownership”. 

 (ii) Examine FOUR implications of transfer of ownership.
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4a
Law of Contract
​​A contract can be discharged by frustration if it becomes impossible to perform. Identify SIX factors that may frustrate a contract.
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4b
The Court System
​ ​​The High Court is established as a superior court with the jurisdiction to supervise proceedings in subordinate courts and tribunals. 

Outline FIVE orders the High Court may issue while exercising this jurisdiction
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4c
The Law of Property
​​With regards to land ownership, state FOUR ways in which absolute proprietorship can be created.
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4d
Law of Persons
​​Identify FIVE characteristics of unincorporated associations.
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5a
Negotiable Instruments
​​Explain the term “holder in due course” in the context of negotiable instruments.
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5b
Sale of Goods
​​Describe two responsibilities of the seller under each of the following terms as used in international trade: 

(i) F.O.B. 

(ii) C.I.F.
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5c
Agency
​​Agents must perform an undertaking personally and must not sub delegate. 

Highlight SIX exceptions to this principle
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5d
Sale of Goods
​ ​​Maera took a television set from Teleset Ltd. on hire purchase terms. The hire purchase price was Sh.90,000. Maera was then unable to make any further payments after making cumulative payments of Sh.80,000 due to financial constraints. Teleset Ltd. sent its agents to immediately recover the television set from Maera’s house. 

Analyse FOUR consequences of the action taken by Teleset Ltd.
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6a
Professional Ethics
​​Discuss FIVE ways in which written ethical standards deter wrong doing and promote ethical behaviour in an organisation.
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6b
Indemnity and Guarantees
​​In relation to contracts of guarantee, a surety is said to be discharged when his liability comes to an end. 

State FIVE circumstances that may lead to the liability of a surety coming to an end.
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6c
Introduction to corporate governance
​​With reference to corporate governance, examine FIVE roles of the Board of Directors of an organisation.
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7a
Introduction to corporate governance
​​Identify FIVE consequences of poor corporate governance practices to a business organisation
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7b
Introduction to corporate governance
​​Explain FIVE roles of regulatory bodies such as the Capital Markets Authority (CMA) in promoting corporate governance.
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7c
Introduction to corporate governance
​​Justify the need for organisations to develop and be guided by corporate governance frameworks
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