CPA PART II
INTRODUCTION TO LAW
Answer any FIVE questions. ALL questions carry equal marks.
a) Distinguish between each of the following branches of law:
i) Procedural and substantive law. (4 marks)
ii) Public international law and private international law (4 marks)
b) Explain the circumstances when judicial precedent will not be binding to a court (8 marks)
c) Highlight the remedies available to a plaintiff in a civil action against the defendant (4 marks)
a) In relation to the law of persons, distinguish between a partnership and a registered company.
b) Explain the essentials of a valid ratification of an agency contract (10 marks)
a) Outline the rules that govern limitations of actions in tort as provided for under the limitations of actions act (10 marks)
b) Edward is in a booming taxi business and operates with one car. He has been saving money to buy an additional car, but has since been unable to raise enough money within his business plan period to purchase the new car. Edward approached XY Kukopesha enterprise ltd., a firm dealing in hire purchase in order to purchase the car through hire purchase terms. The hire purchase price for the car was sh.900, 000. Edward agreed to pay a deposit of sh.350, 000. The balance was payable in monthly installment of sh.25, 000 for two months.
After paying installment for 12 months, the performance of Edwards taxi business declined and he was unable to continue remitting the monthly payments to XY kukopesha enterprises ltd. immediately after Edward defaulted in payment, XY kukopesha repossessed the car.
Discuss the legal principles applicable in this case and advise Edward. (10 marks)
a) Mwiti entered into a contract with zawadi boarding secondary school to be supplying 100 litres of fresh milk to the school at a price of shillings 30 per litre every Monday morning by 9.00 am for a period of three months. The contract further provided that in the event of a breach of the contract by Mwiti ,he would pay sh.500,000 to the school as “liquidated damages” and not as a “penalty”.
Mwiti delivered the right quality and quantity of milk. However, Mwiti delivered the milk on Wednesday instead of Mondays. Zawadi boarding school accepted the milk but intends to sue Mwiti for the breach of contract and claim the sh.500, 000 as liquidated damages.
Advise zawadi boarding school. (8 marks)
b) In relation to the law of contract, explain the rules governing remoteness and measure of damages. (12 marks)
a) Highlight the essential characteristics of a contract for the sale of goods. (4 marks)
b) Outline the rules governing delivery of goods in a contract for sale of goods. (8 marks)
c) An unpaid seller enjoys the right of lien and stoppage in transit against the goods.
With reference to this statement, explain the difference between lieryand stoppage in transit. (8marks)
a) One of the principles of insurance is utmost good faith under which disclosure is essential.
Highlight some of the facts which need not be disclosed by the insurer or insured. (10 marks)
b) Explain the difference between a cheque and a bill of exchange. (10 marks)
a) Explain the ways in which co-ownership of property may be terminated. (8 marks)
b) Distinguish between “a freehold interest in land” and a leasehold interest in land’ (4 marks)
c) Discuss the manner in which an easement may be created. (8 marks)