BUSS209  BUSINESS LAW.

UNIVERSITY EXAMINATIONS: 2018/2019
EXAMINATION FOR THE DEGREE OF BACHELOR OF BUSINESS
INFORMATION TECHNOLOGY
BUSS209 BUSINESS LAW
FULL TIME/PART TIME/DISTANCE LEARNING
DATE: DECEMBER, 2018 TIME: 2 HOURS
INSTRUCTIONS: Answer Question One & ANY OTHER TWO questions.

QUESTION ONE
a) With reference to the nature and classification of law, differentiate between the following:
i) Constitutional and administrative law. (2 Marks)
ii) Civil burden of proof and criminal burden of proof. (3 Marks)
iii) Statute law and judicial precedent. (2 Marks)
b) Highlight five ways in which a contract might be discharged by operation of the law
(5 Marks)
c) Nemodat quod non habet has been incorporated into every contract under the Sale of Goods
Act. It provides that a person can only acquire goods from the owner. Explain the
circumstances under which this rule does not apply (exceptions to the Nemodat rule)
(6 Marks)
d) Explain the establishment, composition and jurisdiction of the High court of Kenya
(6 Marks)
e) Discuss the implied conditions and warranties in a contract of Hire Purchase
(6 Marks)
QUESTION TWO
a) Identify the various orders or writs which the High Court may issue when exercising its
supervisory jurisdiction. (4 Marks)
b) Outline the extents to which common law differ from equity. (6 Marks)
c) Describe the ways in which a corporation may be established. (4 Marks)
d) Describe the various branches of civil law. (6 Marks)
QUESTION THREE
a) In relation to the Law of Agency, explain five circumstances under which an agent may be
held personally liable to third parties.
(10 Marks)
b) In relation to the law of persons outline six consequences of incorporation.
(6 Marks)
c) Explain two ways in which independence of the judiciary is attained (4 Marks)
QUESTION FOUR
a) Name the courts that have jurisdiction to hear the following cases and give reasons for your
answer
i) The case in which Matata has been away room duty without the permission of
his seniors. (3 Marks)
ii) A divorce case involving Rahma and Rashid both who confess Islamic faith.
(3Marks)
iii) An appeal case by Jade who has been convicted by a Chief Magistrate’s court
for committing a robbery with violence and sentenced to death.
(3 Marks)
iv) A challenge on President Maendeleo’s election by his opponent Bwana Siasa.
(3 Marks)
b) Describe the role of the three arms of government as envisaged in the doctrine of separation
of powers (3 Marks)
c) The High court has the jurisdiction to supervise subordinate courts and quasi judicial
authorities. Explain the various writs used by the court to conduct its supervisory duties.
(5 Marks)
QUESTION FIVE
Mamboleo, your powerful village chief respects you as an authority in legal aspects of governance
having been the guest of honor when you graduated with ‘flying colours’ from Kenya University.
His people have been frustrated with the formal court processes. Explain to him five Alternative
Dispute Resolution methods and five advantages of the same.
(20 Marks)

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