KASNEB Introduction to Law and Governance - Question 3b

Explain three characteristics of the contract of guarantee. ... [Click to view full question and step-by-step solution]

KASNEB Introduction to Law and Governance - Question 5c

Highlight four forms that a qualified acceptance might take. ... [Click to view full question and step-by-step solution]

KASNEB Introduction to Law and Governance - Question 6c

Describe two conditions and two warranties that are implied in a hire purchase contract. ... [Click to view full question and step-by-step solution]

November 2019

1a

Nature, Purpose and Classification of Law

(i) Outline four ways through which the Supremacy of the Constitution is manifested.

(ii) Identify eight sources of law in your country.

1b

Administrative Law

With specific reference to administrative law:

(i) Distinguish between "substantive ultra vires" and "procedural ultra vires".

(ii) Discuss four ways in which the independence of the Judiciary is promoted.

2a

Law of Tort

Mutuku employed Mwanzia as a petrol tanker driver. While petrol was being off-loaded from the tanker at a petrol station, Mwanzia, who was standing nearby, lit a cigarette. Unfortunately, the petrol tanker caught fire and burnt the whole petrol station and injured several people.

Mpole, the owner of the petrol station, is angry and seeks your advice on whom he can sue.

Advise Mpole.

2b

Sale of Goods

In relation to sale of goods:

(i) Outline four circumstances when a buyer might reject the goods and repudiate the contract.

(ii) Explain three circumstances under which the unpaid seller might exercise his right of lien.

3a

Law of Contract

In relation to the law of contract:

(i) Explain three rules that govern the measure of damages for breach of contract.

(ii) Alex agreed to paint Angela's house at an agreed contract price. When Alex had finished the work, Angela discovered that although most of the painting was satisfactory, Alex had forgotten to apply a coat of gloss paint on one of the doors. Alex fell sick and could not complete the work.

Angela has refused to pay Alex the contract price claiming that he has not completed the work.

Advise Alex on the legal position.

3b

Indemnity and Guarantees

Explain three characteristics of the contract of guarantee.

4a

Nature, Purpose and Classification of Law

In the context of classification of law, state:

(i) Four modes of sentencing that a court might impose on an offender.

(ii) Four modes of judgement that a plaintiff might be awarded.

4b

Insurance

With reference to the law of insurance:

(i) Summarise four circumstances under which the duty of disclosure is justified.

(ii) Outline four conditions that must be met for the principle of "contribution" to apply.

5a

Alternative Dispute Resolutions (ADR)

Describe four circumstances that should exist in order for a mediation to be termed as "International Mediation".

5b

The Court System

With reference to the court system in your country:

(i) Identify three superior courts.

(ii) Summarise five grounds upon which a judge of a superior court might be removed from office.

5c

Negotiable Instruments

Highlight four forms that a qualified acceptance might take.

6a

Law of Persons

Explain four differences between an "incorporated association" and an "unincorporated association".

6b

Agency

Highlight four circumstances in which the principle of "delegate non potest delegare" does not apply in the law of agency.

6c

Sale of Goods

Describe two conditions and two warranties that are implied in a hire purchase contract.

7a

The Law of Property

With reference to the law of property:

(i) Outline three conditions for the remedy of statutory power of sale.

(ii) List three ways in which co-ownership might be terminated.

(iii) Explain the two types of chattels personal.

7b

Partnership

With reference to partnerships:

(i) Identify five ways in which a person shall cease to be a partner.

(ii) Highlight five clauses which might be found in a partnership agreement.

November 2019

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