Compensation: the purpose of a monetary award in the damages is to compensate the plaintiff for the loss suffered. Proof: the plaintiff must prove the loss or damage suffered. He must adduce evidence of the actual loss suffered. Causation: There Read More …
Month: September 2020
PARTNERSHIP DEED QUESTION AND ANSWER
QUESTION You have been asked to draft a partnership deed for a small retail firm of five partners. State the matters, if any, that you will omit from the partnership deed on the basis that they are implied by the Read More …
Describe the advantages of carrying on business as a partnership as opposed to a limited liability company.
Advantages of Partnership Specialization: creates room for specialization particularly the professional firms. Sharing of losses: this reduces the amount borne by a single partner. Shared management: partners participate in the decision making process and in the management of the firms Read More …
State four acts of commission that may constitute professional misconduct under the Accountants Act (Cap 531) Laws of Kenya
Under Section 28 of the Accountants Act, a member of the institute is guilty of professional misconduct if: He allows any person to practice in his name of an accountant unless such person is an holder of practicing certificate or Read More …
Explain the nature and advantages of commercial arbitration as a means of settling disputes.
Arbitration This is a dispute resolution mechanism whereby disputes are settled of court by arbitral tribunals which make arbitral awards as opposed to judgement. This mechanism is only applicable in the settlement of civil disputes. The law relating to Arbitration Read More …
Statutory Interpretations
Explain each of the following rules of Statutory Interpretation; (i) Noscitur a sociis (ii) Ejusdem generis (iii) Mischief rule Meaning Noscitur a sociis This rule is to the effect that words of doubtful meaning derive the colour and precision Read More …
