BUSINESS LAW
November 2016
THE KENYA NATIONAL EXAMINATIONS COUNCIL
DIPLOMA IN SUPPLY CHAIN MANAGEMENT
DIPLOMA IN BUSINESS MANAGEMENT V DIPLOMA IN CO-OPERATIVE MANAGEMENT
DIPLOMA IN INVESTMENT
BUSINESS LAW
1. (a) Explain six situations under which a court may not apply a precedent. (12 marks)
(b) Explain five differences between public nuisance and private nuisance. (8 marks))
2. (a) Highlight five orders which the Court of Appeal may make in the execution of Appellant Jurisdiction. (10 marks)
(b) Explain five offences that may be committed by a personal representative to an estate. (10 marks)
3. (a) Explain six exceptions to the rule of complete and precise performance. (12 marks)
(b) Joseph, an agent to Ben, contracted with Musa to purchase a second-hand lorry for Ben. Joseph did not disclose to Musa that he was acting as a agent. When the vehicle was delivered to Joseph, he refused to take delivery, claiming that Ben, his principal, had said that the price was too high. Musa sued both Joseph and Ben jointly and severally for breach of contract. However, Joseph was not able to pay the entire sum of damages awarded to Musa, while Ben declined to pay any part of it. Musa is aggrieved by Ben’s refusal to pay. Ben claims that Musa had only dealt with Joseph. Musa intends to bring an action against Ben.
Explain the legal principles applicable in this case. (8 marks)
4. (a) In relation to the law of property, explain six ways in which a lease may be terminated. (12 marks)
(b) Outline four rights of an employee, as provided by the employment act, 2007. (8 marks)
5. (a) explain six matters that plaintiff may prove to succeed in a suit for misrepresentation. (12 marks)
(b) Jedidah, who had a disease’ of the stomach, signed a document as consent to be operated on by a doctor. Two days after the operation, she complained of severe abdominal pain. On examination by another doctor, it turned out that some cotton wool had been left in her stomach. Consequently, another operation was done to remove the cotton wool. Jedidah is aggrieved and intends to sue her first doctor for negligence.
Explain the principles involved in this case. (8 marks)
6. a) In relation to the law of property, explain five types of mortgages. (10 marks)
b) Highlight five circumstances under which the President of Kenya may exercise prerogative of mercy. (10 marks)
7. a) Explain four formalities that must be fulfilled in the preparation of a written will.
b) Explain six circumstances under which an aunt is said to have executed his duties. (12 marks)