MONDAY: 23 November 2020. Time: Allowed: 3 hours.
Answer any THREE questions in SECTION I and any TWO questions in SECTION II. ALL questions carry equal marks.
SECTION I
QUESTION ONE
1. Explain the meaning of a Constitution. (4 marks)
Outline two conditions that a custom must satisfy before it is accepted as a source of law in Kenya. (4 marks)
2. With specific reference to the law of contract:
Identify four types of contracts that are illegal due to public policy. (4 marks)
State four rules that govern consideration. (4 marks)
Outline four conditions a person must satisfy for courts to grant equitable remedy of specific performance. (4 marks)
(Total: 20 marks)
QUESTION TWO
1. Discuss five consequences of being a legal person, as provided in the law of persons. (10 marks)
2. With reference to morality:
Outline six objectives of morality. (6 marks)
Explain with relevant examples, two types of morality. (4 marks)
(Total: 20 marks)
QUESTION THREE
In the context of the law of contract:
1. Explain three ways in which a contract might be discharged. (6 marks)
2. State four conditions that should exist for the doctrine of promissory estoppel to apply. (4 marks)
3. With reference to the court system:
State two types of matters which fall under the jurisdiction of the Supreme Court. (6 marks)
Identify four orders or writs which the High Court might issue when exercising supervisory jurisdiction. (4 marks)
(Total: 20 marks)
QUESTION FOUR
1. Explain six steps to be to be followed in the process of registering a business (sole proprietorship or partnership) in your country. (6 marks)
2. Outline four implied conditions on the part of the seller in a contract of sale of goods.(8 marks)
3. Outline six general defences which a defendant might rely on in tort cases. (6 marks)
(Total: 20 marks)
SECTION II
QUESTION FIVE
1. In a witness protection programme, an agency is established to take such action as may be necessary and reasonable to protect the safety and welfare of the protected persons.
With reference to the above statement:
Identify three protective actions that could be employed to protected witnesses. (3 marks)
Outline five protective measures that might be implemented in court proceedings for protected witnesses. (5 marks)
2. Explain the following terms as used in ethics:
Confidentiality. (2 marks)
Conflict of interest. (2 marks)
3. Explain four obligations imposed on an accountant in relation to his duty of confidentiality. (8 marks)
(Total: 20 marks)
QUESTION SIX
1. Describe six roles of professional bodies in your country. (6 marks)
List four examples of professional bodies in Kenya. (4 marks)
2. Highlight six disciplinary measures that professional bodies apply for unethical conduct by members. (6 marks)
3. Identify four reasons why a background check is conducted on a potential employee. (4 marks)
(Total: 20 marks)
QUESTION SEVEN
1. Describe four sources of an organisation’s code of ethics. (8 marks)
2. Give four examples of national values. (4 marks)
3. Highlight four reasons why professional accountants uphold high ethical standards. (4 marks)
4. Outline four attributes of a person who possesses integrity. (4 marks)
(Total: 20 marks)
