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May 2016

Unit: Introduction to Law and Governance

18 Questions

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Questions

1a
Nature, Purpose and Classification of Law
​​In relation to the sources of law: 

(i) Explain the meaning of the term "common law". 

(ii) State four characteristics that a custom under African customary law should satisfy to be enforceable. 

(iii) Describe two types of judicial precedents.
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1b
Administrative Law
​​Discuss four grounds of an application for judicial review.
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2a
Law of Tort
​ ​Damages are a common law remedy awarded in tort and are intended as compensation for a plaintiff s loss.
In relation to the above statement, describe five categories of damages available to a plaintiff.
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2b
The Court System
​​In relation to the court system in your country: 

(i) State five superior courts. 

(ii) Explain the composition and jurisdiction of the Kadhi's court.
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3a
Law of Persons
​​ Moses Mugo and Joshua Wafula are interested in venturing into business. 

Required: 
Advise them on three advantages of an artificial person over an unincorporated person.
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3b
Law of Contract
​​Explain four essential elements of an enforceable contract.
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3c
Indemnity and Guarantees
​​Identify three types of rights that a surety could enforce against a creditor in a contract of guarantee
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4a
Alternative Dispute Resolutions (ADR)
​​With reference to settlement of disputes through commercial arbitration, summarise the form and content of an arbitral award.
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4b
Negotiable Instruments
​​With reference to negotiable instruments, highlight the conditions that a person must satisfy in order to qualify as a holder in due course.
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4c
Negotiable Instruments
​ ​​ Explain three duties of a bank to its customers.
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5a
Sale of Goods
​​ Discuss four remedies available to a buyer in case a seller breaches a contract of sale of goods.


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5b
Sale of Goods
​​Distinguish in three ways between a "hire purchase agreement" and a "conditional sale agreement".
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5c
Agency
D​escribe three conditions necessary for a valid ratification in the law of agency.
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6a
Partnership
​​Explain five rules that govern distribution of losses and assets upon dissolution of a partnership.
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6b
Insurance
​​With reference to the law of insurance: 

(i) Distinguish between "perils" and "hazards". 

(ii) Discuss four elements that an insurable risk ought to possess.
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7a
The Law of Property
​​ With reference to the law of property, explain two characterístics of a plant breeder's patent.
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7b
Nature, Purpose and Classification of Law
​​ Explain the differences between "criminal law" and "civil law".
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7c
Agency
​​Describe five remedies of a principal for an agent's breach of duty.
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