THE KENYA NATIONAL EXAMINATIONS COUNCIL
DIPLOMA IN SUPPLY CHAIN MANAGEMENT
MODULE I
ELEMENTS OF LAW
1. (a) Two or more persons may enter into a joint agreement with one or more persons. For example P and Q jointly promise to pay Ksh.500 to X and Y. In such cases, the question arises as to who is liable to perform and who can demand performance of the contract? Explain the rights and liabilities of joint promisors and joint promisees.
(8 marks)
(b) Explain six essential elements of a valid offer. (12 marks)
2. • (a) In relation to the law of agency, explain the liability of the principal where an agent acts for a named principal. (10 marks)
(b) Explain five exceptions to the doctrine delegatux non potest delegare. (10 marks)
3. (a) In relation to the law of property:
(i) outline four ways in which ownership differs from possession. (8 marks)
(ii) explain three ways in which ownership may be acquired. (6 marks)
(b) In relation to the law of property, explain three ways through which co-ownership may be terminated. (6 marks)
4. (a) In relation to the Law of Succession, explain conditions which must be satisfied before a gift in contemplation of death can take effect. (10 marks)
(b) In relation to the Law of Succession, explain five grounds upon which a testamentary disposition will fail to take effect. (10 marks)
5. (a) In relation to the Law of Torts, explain four defences to the tort of trespass to land.
(8 marks)
(b) George and Sherry are neighbours at Maneno Estate. There is a mango tree in George’s compound whose branches hang dangerously over Sherry’s house. Sherry has on several occasions asked George to trim the branches but George has failed to do so. Sherry has therefore, decided to trim the branches herself and informed George accordingly. George has threatened to sue Sherry and Sherry seeks your legal advice.
(i) Explain the legal principles applicable;
(ii) Advise Sherry. (12 marks)
6. (a) Explain four advantages of case law as a source of law in Kenya. (8 marks)
(b) Explain circumstances under which a person’s right to personal liberty may be curtailed under the Constitution of Kenya.
7. (a) Outline four conditions that must be fulfilled before African Customary Law can be applicable in the Kenyan courts. (8 marks)
(b) Explain three circumstances under which the government may be sued in tort.
(6 marks)
(c) Explain three grounds upon which an appeal may be made from the Court of Appeal to the Supreme Court of Kenya
