COMMERCIAL AND ADMINISTRATIVE LAW
November 2015
THE KENYA NATIONAL EXAMINATIONS COUNCIL
DIPLOMA IN SECRETARIAL STUDIES
DIPLOMA IN BUSINESS ADMINISTRATION
DIPLOMA IN LEGAL SECRETARIAL STUDIES
COMMERCIAL AND ADMINISTRATIVE LAW
1. (a) Explain six rights of a partner, according to the partnership Act Cap 29, of the laws of Kenya. (12 marks)
(b) Highlight four conditions under which a contract of guarantee may be held invalid. (8 marks)
2. (a) Explain five implied conditions in a contract for the sale of goods. (10 marks)
(b) Outline five duties of a hirer to the owner of goods in a contract of hire purchase. (10 marks)
3. (a) State four shortcomings associated with delegated legislation, (8 marks)
(b) Explain six advantages of using administrative tribunals. (12 marks)
4. (a) Poka College delivered books to Hi-Tech Binders for binding. Hi-Tech Binders agreed to complete the work and return the books within two weeks, to enable Poka College students to prepare for the final examinations, Hi-Tach Binders failed to return the books within the agreed period. Two months after the deadline for returning the books had expired, the books got burnt in a fire that had accidentally broken out in the premises of Hi-Tech Binders. Poka College intends to sue Hi-Tech Binders.
(i) Explain the legal principles applicable in this case. (8 marks)
(ii) Advise Poka College. (2 marks)
(b) In relation to the law of insurance, highlight five characteristics of an insurance contract. (10 marks)
5. (a) Explain six factors which may render a by-law invalid. (12 marks)
b) Highlight four circumstances under which an agent may delegate his powers and duties to other persons. (8 marks)
6. (a) Explain live circumstances under which a bill of exchange may be discharged. (10 marks)
(b) Highlight five benefits of using arbitration to resolve disputes among parties. (10 marks)
7. (a) Outline five essentials of a valid contract. (10 marks)
(b) Explain five ways in which a lease may be terminated. (10 marks)