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<=KNEC Diploma in Supply Chain management Module 1: Business Law past paper November 2017

Highlight four differences between a tort and a contract.

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Questions List:

1. Benasa Limited entered into two valid contracts with Kipawa Limited to supply electrical materials and to construct a new building. Unfortunately, fire razed down the factory in which they planned to manufacture the electrical materials. Heavy rains also brought down the new building they had started constructing for the company. Advise Benasa limited on the legal position regarding the two contra
2. Explain the application of the concept of vicarious liability with regard to independent contractors.
3. In relation to the employment law, highlight five obligation of an employee.
4. Mutu came across on ox as he was walking home late one night, which he took home. A week later, he counted himself lucky to have acquired the ox. He has decided that if claimed, the owner would have to pay him a reasonable fee. Explain Mutu’s position regarding the acquisition of good tittle.
5. Outline four circumstances under which the Kenya Court of Appeal would be free to depart from an earlier decision of its own, regarding a case.
6. In relation to the law of agency, highlight four requirement of a valid ratification.
7. Basil, an agent, regularly receives a special instruction limiting his authority from his principal. Otondo transacted with the agent in good faith, unaware of the new limitation. Determine the liability of the parties.
8. Outline four challenges faced by county government in delivering services to the public.
9. Explain six ways in which a banker’s authority to pay a cheque drawn on him may be terminated.
10. Describe the procedure of developing the state of a person who died intestate and left behind a spouse and children.
11. Explain five sources of law in Kenya
12. Explain four vitiating factors that may affect the validity of a contract.
13. i)Explain three ways in which agency may be terminated by the act of the parties. (ii) Outline two exceptions to the termination methods in identified in (i) above.
14. Highlight four differences between a tort and a contract.
15. In relation to the law of property, explain: (i) Two classes of personal property; (ii) The process of creating legal mortgages.