WEDNESDAY: 15 December 2021. Time Allowed: 3 hours.
This paper has three sections. SECTION 1 has forty (40) multiple choice questions. SECTION II has twenty (20) short response questions. SECTION III has one (1) essay question. All questions are compulsory. Marks allocated to each question are shown at the end of the question.
SECTION I – 40 MARKS
- Identify the statement that BEST describes “morals”.
(a) How all people behave.
(b) The way the government expects us to behave.
(c) How the law expects us to behave.
(d) Ways in which people are able to distinguish between right from wrong. (1 mark)
- Which of the following is NOT a branch of civil law?
(a) Family law.
(b) Law relating to traffic offences.
(c) Law relating to contracts.
(d) Law relating to succession. (1 mark)
- Which of the following is NOT a function of law?
(a) Law promotes good governance.
(b) Law provides legal remedies.
(c) Law assists in the maintenance of peace and order.
(d) Law helps citizens of a country to be morally upright. (1 mark)
- Which of the following is NOT an advantage of statute law?
(a) It is the best source of law.
(b) It is dynamic.
(c) It is uniformly applied.
(d) It is democratic in nature. ( 1 mark)
- Which statement BEST describes a declaratory precedent?
(a) Where parliament declares a judicial precedent as declaratory.
(b) Where the judge has applied an existing legal principle or proposition of law in a subsequent case.
(c) Where there was no previous decision on a point of law.
(d) Where the judges avoid following a previous decision which they would otherwise be bound to follow. (1 mark)
- Which of the following United Kingdom statutes is NOT a source of law in Kenya?
(a) The Admiralty Offences (Colonial) Act, 1849.
(b) The Evidence by Commission Act, 1885.
(c) The Companies Act, 1862.
(d) The Evidence Act, 1851. ( 1 mark)
- In determination of cases under Islamic Law, Kadhi’s courts DO NOT have jurisdiction over matters relating to:
(a) Personal status.
(b) Social development.
(d) Inheritance. (1 mark)
- Which of the following is NOT a feature of common law?
(a) Developed as a complete system of law.
(b) Developed from customs, usages and practices of English people.
(c) Developed on the basis of principal of fairness and justice.
(d) Developed on the basis of the writ system and stare decisis. (1 mark)
- Which of the following is NOT a way of terminating an offer of a contract?
(a) Counter offer.
(b) Lapse of time.
(d) Renegotiating the contract. (1 mark)
- Which of the following is NOT a subordinate court?
(a) Employment and labour relations court.
(b) Magistrate court.
(c) Courts Martial.
(d) Kadhis court. (1 mark)
- Which of the following is NOT a form of delivery in relation to sale of goods?
(a) Physical transfer of goods.
(b) Delivery of the means of control.
(c) Delivery by atonement.
(d) Delivery to a relative of the owner of the goods. (1 mark)
- Which of the following is NOT a reason that may lead a principal under agency law to sue or take court actions against the agent?
(a) If an agent has acted in breach of contract.
(b) If an agent has been declared bankrupt.
(c) Where the agent acted in good faith.
(d) To ascertain what the agent has in possession. (1 mark)
- Which of the following is NOT found in Chapter Six of the Kenyan Constitution 2010 on leadership and integrity?
(a) Conduct of state officers.
(b) Rights and fundamental freedoms.
(c) Financial integrity of state officers.
(d) Establishment of Ethics and Anti-Corruption Commission. (1 mark)
- A public officer is NOT restricted by law from:
(a) Retaining any gifts received in official capacity.
(b) Accepting a monetary gift.
(c) Soliciting for monetary contributions from the public.
(d) Operating a bank account in Kenya. (1 mark)
- Which statement BEST describes “integrity”?
(a) Quality of having strong ethical principles that are followed at all times.
(b) An obligation or willingness to accept responsibility or to account for one’s actions.
(c) The state or fact of having a duty to deal with something or of having control over someone.
(d) Moral principles that govern a person’s behavior or the conduct of an activity. (1 mark)
- Which of the following statement describes deontological ethical theories?
(a) They are based on one’s ability to predict the consequences of an action.
(b) The rights established by the society are protected and given the highest priority.
(c) A person is judged by an action that may deviate from his/her normal behavior.
(d) People should adhere to their obligations and duties when engaged in decision making when ethics are at play. (1 mark)
- In dispute resolution, the High Court might appoint an arbitrator or an umpire.
In which of the following cases is the High Court NOT empowered by the law to appoint an arbitrator?
(a) The parties fail to appoint a single arbitrator as required.
(b) Where the appointed arbitrator refuses to do his job.
(c) Where two arbitrators appoint a third arbitrator.
(d) Where two arbitrators are required but only one is appointed. ( 1 mark)
- Which of the following is NOT a dispute resolution mechanism?
(a) Conflict resolution.
(d) Negotiation. ( 1 mark)
- Which of the following is NOT a function of the Judiciary?
(a) Interpret law.
(b) Resolve disputes.
(c) Protect the rules of natural justice.
(d) Make laws. (1 mark)
- The Court of Appeal is normally bound by its own previous decisions in civil cases as well as those of the Supreme Court.
Which of the following instances can a Court of Appeal depart from its own decisions?
(a) When there are two similar decisions.
(b) When the decision will hurt either the plaintiff or the defendant.
(c) When the facts of the case are very different from the past decision.
(d) Where time is of essence and the case should be concluded the earliest time possible. (1 mark)
- Which of the following is NOT a writ issued by the High Court while exercising its supervisory jurisdiction?
(c) Ejusdem generis.
(d) Mandamus. (1 mark)
- Choose a content in the Memorandum of Association that relates to incorporation of companies.
(a) A statement that the liability of its members is limited.
(b) A statement showing the powers of the company in relation to borrowing.
(c) A statement indicating the process of forfeiture of shares.
(d) A statement showing how the auditor will be appointed and dismissed. (1 mark)
- Identify one way of establishing a corporation.
(a) By agreement between different people.
(b) By inheriting from parents.
(c) By registration.
(d) By buying an already existing corporation. (1 mark)
- Which of the following statements is true?
Citizenship is not lost through marriage or the dissolution of marriage.
Citizenship may only be acquired through birth.
All foreigners are required to apply for citizenship for them to be allowed to work in Kenya.
A person with Kenya citizenship should not be a citizen of another country. ( 1 mark)
- Which of the following CANNOT be deduced from the rule in Ryland’s Vs. Fletcher?
(a) The defendant brings in his land for his own purpose something likely to do mischief.
(b) The thing brought escapes.
(c) Due to natural use of land.
(d) The result of the thing that escapes causes foreseeable damage in the plaintiffs land. ( 1 mark)
- Which of the following is NOT a defence to fair comment in an action for defamation?
(a) The statement was unintentionally made.
(b) The statement was in public interest.
(c) The statement was an opinion not an assertion of fact.
(d) The statement was a comment based on true facts. (1 mark)
- Which of the following is a defence available to the occupier against liability to a trespasser?
(a) Liability was excluded by the contract between the parties.
(b) That the trespasser entered the premises without permission.
(c) That the occupier was not liable in any way.
(d) That the trespasser was already injured while he entered the premises. (1 mark)
- Which of the following statements BEST describes “res ipsa loquitur”?
(a) The plaintiff was not as physically fit as other persons.
(b) Things speak for themselves.
(c) The duty of care is not owed to the world.
(d) The plaintiff did not suffer much. (1 mark)
- Which of the following is NOT a form of the tort of trespass?
(a) Trespass to person.
(b) Trespass to land.
(c) Trespass to goods.
(d) Trespass to neighbour’s property. (I mark)
- In which of the following cases is Quantum Meruit NOT available as an equitable remedy?
(a) Where partial performance is not accepted.
(b) Where contract does not specify the amount or sum payable.
(c) Where the contract is substantially performed.
(d) Where a party ready and willing to perform its part of the contract but is prevented from doing so by the other. (1 mark)
- Which of the following is an EXCEPTION to the rule requiring communication of acceptance under the law of contract?
(a) An offer made to a class of persons can be accepted only by a person of that class.
(b) An offer made to the general public cannot be accepted unless it is made in writing.
(c) An offer made to a particular person can be accepted by people who work for that particular person.
(d) It is not a must for an offer to be accepted for a contract to be deemed valid. ( 1 mark)
- Which of the following mistakes is a ground to make a contract void?
(a) Spelling mistakes in the contract document.
(b) Mistake as to the quality of the subject matter.
(c) Mistake relating to the delivery address of the contract document.
(d) Mistakes relating to under performance of the obligations created by the contract. ( 1 mark)
- Which of the following is NOT a way in which a contract may be discharged?
(a) Discharge by agreement.
(b) Discharge by performance.
(c) Discharge by frustration.
(d) Discharge by sub-contracting. (1 mark)
- Which of the following could be the LEAST likely consequence of whistle blowing?
(a) Being referred to as a traitor.
(b) Harm to self and close family members.
(c) Losing relationships at work and outside work.
(d) Being admonished by the employer for whistleblowing or illegitimate acts by employees. (1 mark)
- Which of the following is a document of title in commercial transactions?
(a) Bill of lading.
(d) Cheques. (I mark)
- Which of the following is an EXCEPTION to privity of contract rule?
(a) The assignee of a lease.
(b) The doctor who gives a patient a wrong prescription.
(c) A seller of goods who does not deliver the contracted goods.
(d) Where the contract is frustrated. (1 mark)
- Which of the following is NOT a remedy available to the buyer for breach of the contract for sale of goods.
(a) Specific performance.
(b) Renegotiate the contract for sale of goods.
(c) Damages for breach of warranty.
(d) A right to reject the goods. (1 mark)
- Which of the following fields is ethics less related to?
(d) Economics. (1 mark)
- Which of the following statement is false?
(a) A related party transaction is an arrangement between two parties that have a pre-existing business relationship.
(b) Related party transactions could result in fraud or financial ruins for all parties involved.
(c) All related party transactions lead to conflicts of interest.
(d) Regulatory bodies have a role to ensure that related party transactions are checked and disclosed. (1 mark)
- Which of the statement below BEST describes a “virtue”.
(a) The philosophy of doing good.
(b) The strength to carry on.
(c) The moral strength of a human being’s will in fulfilling his duty.
(d) Principles of moral conduct. ( 1 mark)
SECTION II – 40 MARKS
You are advised not to exceed forty words in answering questions number 41 to 60.
- Explain two principles of natural justice. (2 marks)
- Distinguish between “mediation” and “arbitration”. (2 marks)
- State two ethical issues that could arise in a business today. (2 marks)
- Summarise two roles of kasneb in the growth of professionalism in Kenya. (2 marks)
- Explain the meaning of the term “defamation”. (2 marks)
- In law of torts, explain the difference between “nuisance” and “negligence”. (2 marks)
- Describe the following shortcomings of common law:
Procedural technicalities. ( 1 mark)
Inadequate remedies. (1 mark)
- Highlight two legally binding contracts to minors. (2 marks)
- Distinguish between “ethics” and “values”. (2 marks)
- With reference to moral behavior, explain the following:
Moral judgement. ( 1 mark)
Moral character. ( I mark)
- In most cases, interpretation of what is moral is influenced by cultural norms.
With reference to the above statement, explain the theory of cultural relativism. (2 marks)
- Ethical standards may be different in various countries.
Explain the above statement in the context of global distribution of Covid-19 vaccines during the early days of vaccine discovery. (2 marks)
- Explain the intrinsic value of studying ethics. (2 marks)
- Explain the term “ethical dilemma”. (2 marks)
- Distinguish between “procedural” and “substantive” law. (2 marks)
- With regards to negligence, explain the defense of contributory negligence. (2 marks)
- Summarise two primary parties to a contract. (2 marks)
- With reference to contracts, describe the following:
Voidable contract. (1 mark)
Unenforceable contract. (1 mark)
- What is administration law? (2 marks)
- With reference to forms of business organisations, explain the term “limited partnership“. (2 marks)
- Define the term “law”. (2 marks)
State six purposes of law. (6 marks)
With respect to court judgements, distinguish between “Ratio decidendi” and “Obiter dicta”. (4 marks)
One of the recognised sources of law in a country is the Acts of Parliament.
With reference to the above statement, discuss four merits of acts of parliament as a source of law.