Exam (elaborations) CPA Valuepack:Law of Tort/Law Express
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Course
CPA
Institution
CPA
Book
Valuepack:Law of Tort/Law Express
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KASNEB
INTRODUCTION TO LAW
FOR MORE FREE PAST PAPERS VISIT www.someakenya.com
NOVEMBER 2012
QUESTION ONE
a) One of the most significant shortcomings of common law that led to the development of equity was
inadequate remedies. As result, many would be plaintiffs were left out, however, equity increased the
remedies.
With reference to the above statement, discuss five equitable remedies. (10 marks)
b) Explain two ways through which the seller's right of "stoppage in transitu" could be exercised (4
marks)
c) In relation to the law of contracts, describe three mistakes that render a contract void
(6 marks)
(Total: 20 marks)
QUESTION TWO
a) Outline four ways in which constitutions might be classified (4 marks)
b) Explain three rules of natural justice (6 marks)
c) Peter Matu, who is 80 years old, is a partner in a manufacturing firm. He intends to transfer his shares
to his daughter Mary Kinga but he does not know the rights of an assignee in a partnership.
Advise Peter Matu on the rights and obligations that Mary Kinga would accrue as an assignee
(10 marks)
(Total: 20 marks)
QUESTION THREE m
a) The general rule that "for a contract to be discharged by performance, the performance must be a .co
ny
precise and exact" was modified by exceptions to mitigate its harshness.
a ke
Discuss five exceptions to this general rule
me
(10 marks)
b) In relation to negotiable instruments:
w.so
i.
ii.
Define the term "qualified acceptance"
Highlight four forms of qualified acceptance (8 marks)
ww (2 marks)
(Total: 20 marks) QUESTION FOUR
a) Discuss the doctrine of "caveat emptor", as used in the context of the law governing sale of goods
(8 marks)
b) Joshua Kerabu requested Grace Kwambo to sell two laptops on his behalf at a price of not less than
sh. 40,000 each. Joshua Kerabu promised to pay Grace Kwambo an agreed commission of 5% on
every sale. Grace Kwambo bought one of the laptops and gave Joshua Kerabu sh. 40,000 but did not
inform him that she was the buyer.
Grace Kwambo sold another laptop to Clemencia Musyi at a price of 50,000 and gave Joshua Kerabu
only Sh. 40, 000.
Joshua Kerabu has come to learn about Grace Kwambo's dealings
Explain the legal principle applicable in the above case and advise Joshua Kerabu on his legal rights
(12 marks) (Total:
20 marks)
QUESTION FIVE
a) In relation to the law of tort, explain the following:
i. Damnum sine injuria (2 marks)
ii. Negligence (4 marks)
b) Explain three interests in land created by the law of property (6 marks)
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