INTRODUCTION TO LAW AND GOVERNANCE DECEMBER 2022 PAST PAPER

TUESDAY: 6 December 2022. 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 the law of contract, state FOUR circumstances under which a court might nullify or mitigate the hardship created by an exemption clause. (4 marks)

2. Explain FOUR benefits of carrying out a legal audit in a corporation. (4 marks)

Describe TWO rules of statutory interpretation. (4 marks)

3. Discuss FOUR ways in which the right to lien as a remedy of unpaid seller might be lost. (8 marks)

(Total: 20 marks)

QUESTION TWO

1. In relation to the law of Torts, explain the following terms:

Standard of care. (2 marks)

Res ipsa loquitor. (2 marks)

Strict liability. (2 marks)

2. Distinguish between “law” and “morality”. (4 marks)

3. Subordinate courts are bound to apply the decisions of superior courts in subsequent similar cases where they have been pleaded as law.

Describe FIVE exceptions to this rule. (10 marks)

(Total: 20 marks)

QUESTION THREE

1. In relation to the law of contract:

Define the term “consideration”. (2 marks)

Outline FOUR circumstances in which a contract might be frustrated. (4 marks)

2. Identify TWO differences between a “natural person” and an “artificial person”. (4 marks)

3. Discuss FIVE types of precedents. (10 marks)

(Total: 20 marks)

QUESTION FOUR

1. Outline FIVE conditions that are necessary for agency by ratification to arise. (5 marks)

2. Identify FIVE characteristics of unincorporated associations. (5 marks)

3. Using THREE examples, distinguish between a “negotiable instrument” and a “negotiable document of title”. (6 marks)

In relation to the court system, highlight the jurisdiction of the International Court of Justice. (4 marks)

(Total: 20 marks)

QUESTION FIVE

1. Define the term “corporate governance”. (2 marks)

Outline SIX principles of corporate governance. (6 marks)

2. State FOUR disputes that are not eligible for alternative dispute resolution mechanisms. (4 marks)

3. Explain FOUR rules governing presentation of a bill of exchange for payment. (8 marks)

(Total: 20 marks)

QUESTION SIX

1. In relation to intellectual property, identify TWO types of works that are eligible for copyright protection. (2 marks)

Highlight FOUR advantages of tribunals. (4 marks)

2. With reference to the law of property, describe THREE forms of interest in land. (6 marks)

3. Describe FOUR characteristics of tenancies. (8 marks)

(Total: 20 marks)

QUESTION SEVEN

1. With reference to professional ethics:

Outline FOUR ethical principles that underpin all professional codes of conduct. (4 marks)

Distinguish between “morality” and “etiquette”. (4 marks)

2. In relation to the law of insurance, describe FOUR conditions which must exist for an insurer to be entitled to contribution. (4 marks)

3. Explain FOUR remedies in administrative law. (8 marks)

(Total: 20 marks)

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