MONDAY: 1 August 2022. Afternoon paper. Time Allowed: 3 hours.
Answer any FIVE questions. ALL questions carry equal marks. Do NOT write anything on this paper.
QUESTION ONE
1. Explain four different forms which an arbitration agreement might take. (8 marks)
2. Explain the legal liability of the following:
Unincorporated associations. (2 marks)
Artificial persons. (2 marks)
3. Describe four acts that might constitute detinue. (4 marks)
4. Differentiate between “ownership” and “possession”. (4 marks)
(Total: 20 marks)
QUESTION TWO
1. Explain five rules that govern a sale by auction. (10 marks)
2. Discuss four ways of creating an easement. (8 marks)
3. Define virtue theory of morality. (2 marks)
(Total: 20 marks)
QUESTION THREE
1. In relation to the law of contract, describe the four rules which could apply in determining the validity of exemption clauses. (8 marks)
2. Discuss three consequences of unethical conduct by a public or state officer. (6 marks)
3. Explain three judicial review remedies. (6 marks)
(Total: 20 marks)
QUESTION FOUR
1. In relation to ethics and with the aid of an example, describe the following:
Ethical norms. (3 marks)
Ethical dilemma. (3 marks)
2. Outline five types of regulations that govern ethical conduct in Kenya. (10 marks)
3. Describe two requirements to be satisfied for the defense of “Act of God” to apply in relation to the law of torts. (4 marks)
(Total: 20 marks)
QUESTION FIVE
1. The rule against bias is a cornerstone of “Natural Justice”, explain four types of bias. (8 marks)
2. Define conflict of interest in ethics. (2 marks)
State five ways in which a conflict of interest might arise. (5 marks)
3. State five powers of the court of Appeal. (5 marks)
(Total: 20 marks)
QUESTION SIX
1. In relation to sources of law, explain the following:
Supranational law. (3 marks)
Sources of international law. (3 marks)
“Stare Decisis”. (3 marks)
2. Explain six elements of necessity in tort. (6 marks)
3. In relation to intellectual property, outline five rights under copyright. (5 marks)
(Total: 20 marks)
QUESTION SEVEN
1. Identify four common law writs. (4 marks)
2. Distinguish between a “Commercial Agency of Necessity” and “Domestic Agency of Necessity”. (4 marks)
3. Explain four ways in which a contract might be discharged. (8 marks)
4. Identify four types of perils which a person can insure against. (4 marks)
(Total: 20 marks)
