BUSINESS LAW
November 2018
THE KENYA NATIONAL EXAMINATIONS COUNCIL
DIPLOMA IN SUPPLY CHAIN MANAGEMENT
DIPLOMA IN BUSINESS MANAGEMENT
DIPLOMA IN CO-OPERATIVE MANAGEMENT
DIPLOMA IN INVESTMENT MANAGEMENT
DIPLOMA IN HUMAN RESOURCE MANAGEMENT
BUSINESS LAW
1. a) Outline five exceptions to the maxim, delegatus non potest delegare (10 marks)
(b) In relation to the law of contract, explain five circumstances under which an aggrieved party may lose the right of rescission. (10 marks)
2. (a) Explain six duties of an employer to the employee. (12 marks)
(b) Outline four reasons that may make a court of law to nullify laws made through delegated legislation. (8 marks)
3. (a) Explain five advantages of making a will in the disposition of property. (10 marks)
(b) Explain five characteristics of an easement. (10 marks)
4. (a) Highlight six circumstances under which trespass to persons would be justified by law. (12 marks)
(b) Chris was employed by Wemba Real Estate to deliver potential customers to buy plots in various localities. Chris became very popular with the customers, to the extent that most of them believed that he was the owner of Wemba Real Estate. This popularity made Chris so arrogant that he started to disrespect his principal. As a result of this conduct, the principal sacked him. In retaliation, Chris gave out the telephone contact of the principal’s customers to a competitor who used them to the detriment of Wemba Real Estate. As a consequence, Wemba Real Estate intends to bring action against Chris. Explain the legal principles applicable in this case. (8 marks)
5. (a) Explain five remedies against a trespasser to land. (10 marks)
(b) Wisper entered into a contract with Molex Cars Limited for the purchase of a car. She insisted that the car had to be a Toyota model, preferably, white in colour. Molex Cars Limited delivered to her a Toyota car but red in colour. Wisper has declined to take delivery of the car, claiming that Molex Cars Limited has breached the contract.
Explain the legal principles applicable in this case. (10 marks)
6. (a) Explain four grounds for invalidating a will. (8 marks)
(b) Explain six shortcomings of administrative tribunals as a means of solving disputes. (12 marks)
7: (a) In relation to the principle of separation of powers, outline five functions of the executive. (10 marks)
(b) In relation to the law of property, explain five types of mortgages. (10 marks)