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<=KNEC Diploma in Supply Chain management Module 1: Business Law past paper November 2016

Joseph, an agent to ben, contracted Musa to purchase a second- hand lorry for Ben. Joseph did not disclose to Musa that he was acting as an agent. When the vehicle was delivered to Joseph, he refused to take delivery, claiming that Ben, his principal, had said that the price is too high. Musa sued both Joseph and Ben jointly and severally for breach of contract. However, joseph was unable to pay the entire sum of damages awarded to Musa, while Ben declined to pay any part of it. Musa is aggrieved by Ben’s refusal to pay. Ben claims that Musa had only dealt with joseph. Musa intends to bring an action against Ben.
Explain the legal principles in this case.

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Questions List:

1. Explain six situations under which a court may not apply a precedent.
2. Explain five differences between public nuisance and private nuisance.
3. Highlight five factors which a court of appeal may take in the execution of appellant jurisdiction.
4. Explain five offences may be committed by a personal representative to the estate.
5. Explain six exceptions to the rule complete and precise performance.
6. Joseph, an agent to ben, contracted Musa to purchase a second- hand lorry for Ben. Joseph did not disclose to Musa that he was acting as an agent. When the vehicle was delivered to Joseph, he refused to take delivery, claiming that Ben, his principal, had said that the price is too high. Musa sued both Joseph and Ben jointly and severally for breach of contract. However, joseph was unable to pay
7. In relation to law of property, explain six ways in which a lease may be terminated.
8. Outline four rights of an employee, as provided by the Employment Act, 2007.
9. Explain six matters that a plaintiff may prove to succeed in a suit for misrepresentation.
10. Jedidah, who had a disease of stomach, signed a document as consent to be operated by a doctor. Two days after the operations, she complained of severe abdominal pain. On examination by another doctor, it turned out that some cotton wool had been left in her stomach. Consequently, another operation was done to remove the cotton wool. Jedidah is aggrieved and intends to sue her first doctor for
11. In relation to the law of property, explain five types of mortgages.
12. Highlight five circumstances under which the president of Kenya may exercise prerogative of mercy.
13. Explain four formalities that must be fulfilled in the preparation of a written will.
14. Explain six circumstances under which an agent is said to have executed his duties.