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November 2020

Unit: Introduction to Law and Governance

17 Questions

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Questions

1a
Sale of Goods
​​Generally, there is no implied condition as to fitness for any particular purpose of the goods supplied. 

Outline four exceptions to the general rule above.
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1b
Sale of Goods
​Enumerate four duties of the seller under the cost, insurance and freight contracts of sale.
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1c
Nature, Purpose and Classification of Law
​​In the context of sources of law: 

(i) Explain two forms that a persuasive precedent might take. 

(ii) Itemise six components of a judicial precedent (judgment).
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2a
Nature, Purpose and Classification of Law
​​(i) Highlight six similarities between law and morality. 

(ii) Identify four ways in which law might be classified.
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2b
Law of Tort
​​Lady Nadia went for child delivery at Bado Hospital, upon arrival and examination, the doctor recommended that she would undergo an emergency caesarian section. The doctor successfully carried out the operation. Two days later she had persistent pain and after undergoing an x-ray examination in Sasa Hospital, it was discovered that the doctor forgot a small pair of scissors in her womb. 

Lady Nadia is aggrieved and intends to sue the doctor. Advise Nadia by: 

(i) Identifying the specific wrong the doctor might have committed and the law applicable.

(ii) Explaining the essential elements of the wrong identified in (i) above. 

(iii) Determining the most suitable remedy available to Lady Nadia.
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3a
Partnership
​​Distinguish between a "Limited Liability Partnership" (LLP) and a "General Partnership".
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3b
Law of Contract
​​(i) Explain the difference between an "offer" and "invitation to treat". 

(ii) Samuel Leo made an offer to purchase David Kesho's car. However, David Kesho upon accepting the offer was informed by Samuel that the offer was terminated. David did not understand how that was possible. 

Advise David on the various ways in which an offer could be terminated.
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4a
Administrative Law
​​Describe the requirements that an administrative body must meet in making an administrative decision in order to avoid a review of its decision by the courts.
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4b
Negotiable Instruments
​​In the context of negotiable instruments: 

(i) Outline three parties to a bill of exchange. 

(ii) Identify five rules governing presentation of a bill of exchange for payment.
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4c
Alternative Dispute Resolutions (ADR)
​​Highlight six powers of the arbitrator in a dispute referred to arbitration.
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5a
The Law of Property
​(i) Identify six duties of a lessor under a lease agreement.

 Duty to put the tenant in possession.

➧ Duty to ensure quiet enjoyment.

➧ Obligation not to undermine grants.

➧ Obligation to repair roofs, walls, gutters, common aisles, and fixtures.

➧ Obligation to suspend or change rent.

➧ Duty to provide fit-for-purpose housing.

(ii) State four defences to copyright infringement.

➧ It's a fair deal if you're using the work for critique or review for personal use.

➧ Public interest, where copyright is used for the public interest.

➧ Copyright does not applyto works. That is, unless it is original.

➧ Written or oral consent was obtained.

➧ The copyright owner expressly abandoned rights (rare, must be proven).
➧ The work is no longer protected (e.g., Shakespeare’s plays, Beethoven’s music).
➧ The copying was trivial or insignificant (e.g., a brief, unintentional clip in a film).
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5b
Insurance
​​In relation to the law of insurance: 

(i) Define the term "subrogation". 

(ii) Discuss the concept of the law of large numbers as a principle of insurance.
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6a
Agency
​​ 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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6b
Indemnity and Guarantees
(i) Distinguish between a "contract of indemnity" and a "contract of guarantee". 

(ii) Outline four remedies for breach of the contract of indemnity.
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7a
Law of Persons
​​Outline three principles governing acquisition of the domicile of origin.
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7b
Sale of Goods
​​Describe four rules governing the completion of a hire purchase agreement.
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7c
The Court System
​​Identify six types of courts in your country.
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