CPA PART II
INTRODUCTION TO LAW
ALL questions carry equal marks.
(a) (i) Explain the term international law (2 marks)
(ii) Summarize eight matters that are dealt with under international law (8marks)
(b) (i) Explain two categories of judicial precedent. (4 marks)
(ii)Discuss three advantages of judicial precedents (6 marks)
(a) (i) Explain the meaning of the term arbitration (4marks).
(ii) Explain three advantages of arbitration as a form of settlement of disputes over the court process (6 marks)
(b) Discuss the constitutional concept of separation of powers and ways in which it can be applied in your country (10 marks)
(a) Janet Rama, a business lady sent a telephone message to Mary Kale a fellow business lady, accusing her of “stealing” her clients. The message contained abusive words to the effect that Mary Kale was “a witch” who uses “herbs” and witchcraft to lure customers to her saloon and boutique. In addition to sending the message to Mary Kale, Janet Rama sent the message to several customers of Mary Kale. As a result, Mary Kale has lost many customers and her business is threatened with closure. All the contents of the message were false. Mary Kale has come to you for legal advice.
(i) Explain to Mary Kale the term “defamation” (4marks)
(ii) Advise Mary Kale on her legal rights, if any. (8 marks)
(b) The general rule is that motive is irrelevant in the law of tort for the purpose of liability explain the exception to this rule (8 marks)
(a) Highlight the rules that govern the capacity of parties to enter into legally binding contract (6 marks)
(b) Citing relevant case law, explain four rules governing remoteness and the measure of damages in the law of
contract. (8 marks)
(c) Describe three conditions necessary for valid ratification of contract (6 marks)
a) Explain four conditions which are implied in every contract covered by the sale of goods act. (10 marks)
b) Analyse two circumstances under which a seller’s right of lien might be terminated (4 marks)
c) Any person who has been appointed to represent another in dealings with parties is an agent. There are however persons who regularly act for others in business transactions as professional agents.
Discuss four examples of professional agents. (8 marks)
(a) (i) Explain the term hire “purchase” (2 marks) (ii) Nura Kara entered into a hire purchase contract with Ujuzi traders regarding a sewing machine .the hire purchase price of the sewing machine was Sh.10, OOO.Nuru Kara has paid a total of Sh.8000 but is facing financial difficulties and is in arrears for two months.
The hire purchase company has repossessed the machine .Nuru Kara is aggrieved.
Explain the legal principle applicable in this case and advice Nuru Kara. (6 marks)
(b) Discuss six rules governing presentment for payment of a bill of exchange.
(a) In relation to the law of property, describe five charactestics of a copyright.
(b) Discuss five legal remedies of a mortgagee against a defaulting mortgagor