MONDAY: 5 December 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. In relation to the law of persons, define the following terms:
Domicile of origin. (2 marks)
Domicile of dependence. (2 marks)
Domicile of choice. (2 marks)
2. Summarise FOUR duties of a lessee. (8 marks)
3. Discuss THREE ethical practices in a business. (6 marks)
(Total: 20 marks)
QUESTION TWO
1. Identify FIVE grounds of removing a high court Judge from office. (5 marks)
2. List FIVE branches of civil law. (5 marks)
3. Explain FIVE factors to consider when filing a case in court. (10 marks)
(Total: 20 marks)
QUESTION THREE
1. In relation to alternative dispute resolution:
Define the term “mediation”. (2 marks)
Highlight THREE principles of mediation. (3 marks)
Identify FIVE drawbacks of negotiation. (5 marks)
2. Distinguish between a “general agent” and a “special agent”. (4 marks)
3. In relation to intellectual property, explain THREE criteria that a patent has to satisfy in order to qualify for protection. (6 marks)
(Total: 20 marks)
QUESTION FOUR
1. Outline THREE laws that govern ethics in Kenya. (3 marks)
2. In the context of agency relationship:
Define the term agency. (2 marks)
Highlight THREE duties of an agent. (3 marks)
Identify TWO duties of a principal. (2 marks)
3. In relation to sale of goods, explain FIVE differences between a “sale” and an “agreement to sell”. (10 marks)
(Total: 20 marks)
QUESTION FIVE
1. Enumerate SIX general characteristics of law. (6 marks)
2. Identify FOUR challenges of common law that equity sought to address. (4 marks)
3. Discuss FIVE principles of insurance. (10 marks)
(Total: 20 marks)
QUESTION SIX
1. Distinguish between a “contract of indemnity” and a “contract of guarantee”. (4 marks)
2. With reference to negotiable instruments:
Identify FOUR types of bills of exchange. (4 marks)
Highlight SIX features of a bill of exchange. (6 marks)
3. Explain THREE rules governing the rights of a hirer to terminate a hire purchase agreement. (6 marks)
(Total: 20 marks)
QUESTION SEVEN
1. Distinguish between a “tort” and a “crime”. (4 marks)
2. In relation to the tort of defamation, define the following terms:
Fair comment. (2 marks)
Justification or truth. (2 marks)
Libel. (2 marks)
Slander. (2 marks)
Unintentional Defamation. (2 marks)
3. In the event that a public officer contravenes the code of conduct for public officers, explain THREE ways investigations could be carried out on the public officer. (6 marks)
(Total: 20 marks)