Business Law November 2013 Past Paper KNEC

1. (a) Explain the stages that a bill passes through before it becomes law in Kenya. (10 marks)

(b) Explain the jurisdiction of the High Court of Kenya. (8 marks)

(c) Outline the applicability of Islamic law as a source of law in Kenya. (2 marks)

2. (a) Outline:
(i) Three functions of the judiciary. (6 marks)
(ii) Two circumstances under which a person’s property may be compulsorily acquired under the Kenyan constitution. (4 marks)

(b) In relation to the law of property:
(i) Distinguish between real property and personal property. (2 marks)
(ii) Explain four types of leases. (8 marks)

3. (a)Explain five grounds upon which a person may lose citizenship by deprivation. (10 marks)

(b) State five particulars that are contained in the memorandum of association of a registered limited liability company.(10 marks)

4. (a) In relation to the law of contract, explain:
(i) Three rules that govern consideration; (6 marks)
(ii) Two consequences of frustration of a contract. (4 marks)

(b) Melrose booked a room at Seventh Star Beach hotel and immediately paid Ksh. 10,000. She was duly issued with a receipt. On the second day of her stay, Melrose’s laptop was stolen from her room. Melrose demanded compensation from the management of the hotel but they have denied liability and referred Melrose to a notice within their room excluding the hotel from any liability for loss or the theft of any article.
Melrose is aggrieved and seeks your legal advice.
(i) Explain the legal principles applicable to the facts above.
(ii) Advise Melrose. (10 marks)

5. (a) Outline five functions of the Attorney General of Kenya. (10 marks)

(b) In relation to the law of succession, outline five types of legacies. (10 marks)

6. (a) In relation to the law of torts, outline:
(i) Three exceptions to the rule of Rylands – vs – Fletcher. (6 marks)
(ii) Two elements that the plaintiff must prove in a suit for negligence. (4 marks)

(b) Monica and Kim are neighbours in Elgon view estate. Monica has grown avocado trees whose branches bend into Kims’s compound. Last month an avocado fruit fell into Kim’s compound and injured his one year old son who was playing in his father’s compound. Kim told Monica that unless she cut the overgrown branches within one week, he would do so himself. Monica refused to cut the branches within one week, Kim took a ladder which he placed inside his compound and cut all the branches that had overgrown into his compound. Monica is aggrieved, and seeks your legal advice.
(i) Explain the legal principles applicable.
(ii) Advise Monica on her legal rights. (10 marks)

7 (a) In relation to the law of property:
(i) Distinguish between ownership and possession. (2 marks)
(ii) Outline the ways in which ownership may be acquired. (6 marks)

(b) Mwangi married Catherine in 1975 and they bore three children. In February 2002, Mwangi fell ill. He called his first born son, Bob and informed him that upon his death, he would inherit all his property. Mwangi died in August, 2002. Bob informed his two brothers, Ken and Moses and his mother that he was the sole beneficiary of his father’s estate. Ken, Moses and Catherine seek your legal advice as to Bob’s assertions.
(i) Explain the legal principles applicable to the facts.
(ii) Advise Ken, Moses and Catherine on their legal rights. (12 marks)

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