November 2021. Time Allowed: Two hours
This paper has three sections. Section One has forty (40) multiple choice questions. Section Two has twenty (20) short response questions. Section Three has one (1) essay question. All questions are compulsory.
SECTION ONE
[40 MARKS] [40 MINUTES]
1. The main function of law in your country is. (1 mark)
A. To maintain peace and order
B. To govern morality
C. To facilitate injustice
D. To promote social conflicts
2. Identify the type of law that falls under “private law.” (1 mark)
A. Criminal law
B. Constitutional law
C. Tort law
D. Administrative law
3. One key disadvantage of case law as a source of law is that. (1 mark)
A. It is rigid
B. It is forward looking
C. There is non recognition of trusts
D. There is writ system
4. Which of the following is not a maxim of equity? (1 mark)
A. He who seeks equity must do equity
B. Equity is equality
C. Equity acts in vain
D. Delay defeats equity
5. Which of the following is not a judicial precedent? (1 mark)
A. Original precedent
B. Declaratory precedent
C. Persuasive precedent
D. Authoritative precedent
6. The following is an exception to the “Nemo dat” rule. (1 mark)
A. Binding contracts
B. Void contracts
C. Voidable contracts
D. Invalid contracts
7. Identify the best method that would fall under traditional dispute resolution mechanisms. (1 mark)
A. Arbitration
B. Use of council of elders
C. Conciliation
D. Principled negotiation
8. One power of a mediator during mediation is. (1 mark)
A. To make a final decision on the dispute
B. To administer oaths
C. To facilitate communication between the parties
D. To demand security from the parties
9. Which one of the following is not one of the methods of appointing an arbitrator? (1 mark)
A. Appointment by the parties
B. Appointment by an institution
C. Appointment by the court
D. Appointment by an accreditation committee
10. Indicate one power of a mediator during mediation. (1 mark)
A. To make a final decision on the dispute
B. To administer oaths
C. To facilitate communication between the parties
D. To demand security from the parties
11. Outline one defence to the tort of strict liability. (1 mark)
A. Consent of the plaintiff
B. Apology
C. Absolute privilege
D. Justification
12. Which of the following is not an element of defamation? (1 mark)
A. The statement must refer to the plaintiff
B. The statement must be defamatory
C. The statement must be actuated by malice
D. The statement must be protected by privilege
13. Which of the following is a defence to the tort of defamation? (1 mark)
A. Justification
B. Act of God
C. Act of a third party
D. Statutory authority
14. Indicate the limitation of actions for the tort of defamation? (1 mark)
A. 3 years
B. 1 year
C. 5 years
D. 7 years
15. Which one of the following is not an element of the tort of negligence? (1 mark)
A. Duty of care
B. Foreseeability
C. Breach of duty
D. Damage
16. Indicate one vitiating element of a contract. (1 mark)
A. Specific performance
B. Misrepresentation
C. Restitution
D. Consideration
17. Select one circumstance which might cause frustration of a contract. (1 mark)
A. Misrepresentation
B. Mistake
C. Illegality
D. Undue influence
18. In light of a commercial contract, identify one rule governing offers. (1 mark)
A. An offer may be conditional or unconditional
B. An offer must not be communicated
C. An offer must flow from the promisee
D. An offer must be directed to a specific person only
19. Which of the following types of contracts might be considered illegal at common law? (1 mark)
A. A contract to commit a crime or tort
B. A marriage brokerage contract
C. A contract to oust the jurisdiction of the court
D. A contract which encourages separation of two parties
20. The following is not one of the rules governing consideration under the law of contract. (1 mark)
A. Mutual love and affection is not sufficient consideration
B. Consideration must be past
C. Consideration must flow from the plaintiff
D. Consideration must be something equal to a contractual obligation
21. Indicate one remedy for breach of contract. (1 mark)
A. Volenti non fit injuria
B. Act of God
C. Specific Performance
D. Contributory negligence
22. Which of the following is not a condition of a sale by sample? (1 mark)
A. The bulk shall correspond with the sample in quality
B. The buyer shall be afforded a reasonable opportunity to compare the bulk with the sample.
C. The goods shall be free from any defects rendering them unmerchantable
D. The goods shall be free from charge or encumbrance
23. Which of the following is not a condition implied by statute into a sale of goods contract? (1 mark)
A. The goods must be fit for purpose
B. The goods shall be of merchantable quality
C. There must be quiet possession of the goods
D. The seller must have the right to sell
24. Indicate one remedy of judicial review which might be granted by the court. (1 mark)
A. Rescission
B. Certiorari
C. Specific Performance
D. Habeas corpus
25. Identify the statement which does not reflect the doctrine of separation of powers. (1 mark)
A. There should be different organs of government
B. The legislature makes the law, the judiciary interprets it and the executive administers the law
C. No person should be a member of more than one organ
D. Every organ can exercise unchecked power
26. Identify one method by which the independence of the judiciary is actualised. (1 mark)
A. Immunity from prosecution
B. Economic dependence
C. Appointment of persons without integrity
D. Lack of security of tenure
27. Which of the following is not a ground for judicial review? (1 mark)
A. When there is unfair hearing
B. When there is procedural flaw
C. When there is irrationality
D. When there is fair hearing
28. Identify one power of the Court of Appeal. (1 mark)
A. To order a retrial
B. To hear cases for the first time
C. To listen to appeals from the magistrates courts
D. To listen to presidential petitions
29. Which of the following is not one of the jurisdictions of the High Court? (1 mark)
A. Original jurisdiction
B. Appellate jurisdiction
C. Admiralty jurisdiction D. Pecuniary jurisdiction
30. Which of the following is a dispute which might be in the Employment and Labour Relations Act? (1 mark) A. An environment dispute
B. A trade dispute
C. A land dispute
D. A constitutional dispute
31. Identify one sentence which cannot be imposed by a Court Martial. (1 mark)
A. Reprimand
B. Reduction of rank
C. Dismissal
D. Probation
32. Which of the following is not an advantage of a tribunal? (1 mark)
A. It is cheap
B. There is flexibility in decision making
C. Expert knowledge
D. It is a way of bypassing the court
33. Which of the following is not a tribunal in your country? (1 mark)
A. Rent tribunal
B. Business premises tribunal
C. Insurance appeals tribunal
D. Trade disputes tribunal
34. Identify one advantage of a corporate personality. (1 mark)
A. Can own property
B. Unlimited liability
C. Cannot be sued in their own name
D. Cannot employ persons
35. Which of the following is a characteristic of a private company? (1 mark)
A. Can freely transfer shares
B. Can offer shares to the public for subscription
C. Can be formed by one person
D. Has no limit of members
36. Which of the following is not a disadvantage of a registered company? (1 mark)
A. It is expensive to form
B. There are many formalities in running the company
C. They are open to publicity
D. The members are the management of the business
37. Which of the following is not a characteristic of a partnership? (1 mark)
A. It has between 2-20 persons
B. It can sue or be sued in its registered name
C. It is formed to make profits
D. It has perpetual succession
38. Which of the following would not be characterised as an illegal partnership? (1 mark)
A. A partnership formed for an illegal purpose
B. A professional firm with unqualified partners
C. A partnership formed as a limited liability partnership
D. A partnership formed with more than twenty persons
39. Which of the following is a domicile recognized by law? (1 mark)
A. Domicile of dependence
B. Domicile of law
C. Domicile of destination
D. Domicile of home
40. Indicate which one of the following statements is an incapacity of a limited partner. (1 mark)
A. He does not take part in the management of the firm
B. He cannot be considered a partner
C. He cannot be in a contract of good faith
D. He cannot leave the firm
(Total: 40 marks)
SECTION TWO
[40 MARKS] [1 Hour]
You are advised not to exceed forty words in answering each question.
41. Define the term ‘Normative ethics’. (2 marks)
42. Highlight two examples of ethical norms in business. (2 marks)
43. Identify two circumstances under which professional accountants can whistle blow. (2 marks)
44. Highlight two advantages of a code of ethics. (2 marks) 45. Define the term ‘conflict of interest’. (2 marks)
46. Outline two ways in which management can create an ethical culture in an organisation. (2 marks)
47. Identify two professional bodies in Kenya. (2 marks)
48. Highlight two ethical issues in business. (2 marks)
49. Highlight two ways in which a public officer can exhibit professionalism. (2 marks)
50. What are the two main roles of professional bodies in your country? (2 marks)
51. Identify two attributes of a person who possesses integrity. (2 marks)
52. Outline two national values and principles of governance. (2 marks)
53. A person who discloses wrong doing in an organisation to the public or a higher authority is known as? (2 marks)
54. State two types of offers in commercial contracts. (2 marks)
55. Highlight two types of misrepresentation in commercial contracts. (2 marks)
56. Identify two ways of terminating offers. (2 marks)
57. Identify two warranties implied in a sale of goods contract. (2 marks)
58. In a sale of goods contract, highlight two duties of a buyer. (2 marks)
59. Outline two real remedies against goods. (2 marks)
60. State two powers of an arbitrator. (2 marks)
(Total: 40 marks)
SECTION THREE
[20 MARKS] [20 MINUTES]
61. “The Constitution of Kenya, 2010 provides for the guiding principles of leadership and integrity which state officers should adhere to. However, some public officers breach these principles by engaging in unethical conduct.” In light of this statement, explain five guiding principles of leadership and integrity and five examples of unethical conduct by public officers. (20 marks)
