TUESDAY: 22 August 2023. Morning Paper. Time Allowed: 3 hours.
Answer any FIVE questions. ALL questions carry equal marks. Do NOT write anything on this paper.
QUESTION ONE
1. With reference to Sale of Goods Act:
Explain the term ‘symbolic delivery’. (2 marks)
State THREE options available to a buyer when the seller delivers goods of a larger quantity than ordered. (3 marks)
2. Highlight SEVEN characteristics of a good law. (7 marks)
3. Discuss FOUR differences between courts and tribunals. (8 marks)
(Total: 20 marks)
QUESTION TWO
1. Outline THREE types of freehold interests in land. (3 marks)
2. Highlight FIVE characteristics of a promissory note. (5 marks)
3. Explain the jurisdiction of the Magistrate’s court in proceedings of a civil nature concerning matters under the African customary law in your country. (6 marks)
4. Discuss THREE types of disclosures that partners in a partnership must make. (6 marks)
(Total: 20 marks)
QUESTION THREE
1. In relation to intellectual property law, identify which intellectual property right is required for the following types of intellectual property:
Type of Intellectual Property Intellectual Property Rights
For example: New plant varieties Plant breeder’s rights
(i) Inventions ______________________
(ii) Works of art and authorship ______________________
(iii) Source identification/brand names ______________________
(iv) Proprietary information ______________________
(4 marks)
2. Distinguish between primary legislation and delegated legislation. (4 marks)
3. With regard to the law of tort, enumerate FIVE ways through which an occupier of land could guard himself against liability from independent contractors. (5 marks)
4. Highlight SEVEN conditions which must be fulfilled in order for a principal to effectively ratify an act of an agent. (7 marks)
(Total: 20 marks)
QUESTION FOUR
1. In relation to the law of torts:
Explain the “thin skull” rule. (2 marks)
Differentiate between “intentional torts” and “unintentional torts”. (4 marks)
2. Argue THREE cases for the independence of the judiciary. (6 marks)
3. Examine FOUR distinctions between an indemnity contract and a contract of guarantee. (8 marks)
(Total: 20 marks)
QUESTION FIVE
1. Describe the following principles:
Utmost good faith with reference to insurance contracts. (2 marks)
Adverse possession with reference to ownership of land. (2 marks)
2. Outline FOUR disadvantages of solving disputes through alternative dispute resolution method. (4 marks)
3. With reference to a corporation as an artificial person, enumerate:
Three legal rights. (3 marks)
Three legal responsibilities. (3 marks)
4. Examine THREE types of exemption clauses that could be used in a contract. (6 marks)
(Total: 20 marks)
QUESTION SIX
1. Highlight FIVE pillars of corporate governance. (5 marks)
2. Highlight SEVEN roles of professional bodies with regard to regulation of a profession. (7 marks)
3. In relation to professional ethics, examine FOUR common ethical dilemmas faced by professionals. (8 marks)
(Total: 20 marks)
QUESTION SEVEN
1. Distinguish between “corporate governance” and “ethics”. (4 marks)
2. Highlight SEVEN consequences of lack of business ethics to a country’s economy. (7 marks)
3. State NINE corporate governance practices that could enhance the performance of an organisation. (9 marks)
(Total: 20 marks)
