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Presentment for payment is essential for all bills. If a bill is not presented, a drawer and endorser are discharged but the acceptor is not discharged. Presentment must therefore be done at the proper place. Discuss the rules for determining the proper place for purposes of presentment
(a) Argue the case for delegated legislation.(6 marks)
(b) In relation to administrative law, explain four modes of judicial control over subordinate courts and tribunals.(8 marks)
(c) Highlight the circumstances under which a court might set aside an award.(6 marks)
(a) Ambrose Mpaka employed Bernard Mpole, an independent contractor to undertake some excavation work on his land. In the process, a greenhouse belonging to Eli Jirani, a neighbor was damaged by the debris from the excavations. Eli Jirani’s employees took advantage of the situation and looted all the plants from the greenhouse.
Eli Jirani is aggrieved and seeks your legal advice as to whether he could successfully sue Ambrose Mpaka. Advise Eli Jirani on the legal principles applicable in the above case (12 marks)
(b) Explain the defenses available to an occupier, who is sued by a person injured with the occupier’s premises. (8 marks)
(a) Explain the term promissory note. (2 marks)
(b) Explain the characteristics of negotiable instruments (10 marks)
(c) Presentment for payment is essential for all bills. If a bill is not presented, a drawer and endorser are discharged but the acceptor is not discharged. Presentment must therefore be done at the proper place.
Discuss the rules for determining the proper place for purposes of presentment. (8 marks)
(a) An offer is a promise which when accepted constitutes an agreement. It may be terminated by revocation, counter offer, or lapsing. Discuss four ways in which an offer could lapse (4 marks)
(b) The general rule is that silence cannot constitute a misrepresentation. A party to a contract is therefore under no duty to disclose all material facts.
Explain the exceptions to this rule. (8 marks)
(c) Peter Manu a manufacturer, entered into a contract to make 10,000 candles for Paul Mwadali, a wholesaler. Paul issued an order to Peter for the supply of the candles. Subsequently, there was a major power blackout which lasted for three days thereby affecting the operations at Peter Manu’s processing plant. In addition, Peter Manu’s machine broke down due to the power blackout after he had made 8,000 candles. Peter has submitted a claim to Paul for payment for the 8,000 candles. Paul has refused to pay Peter on the grounds that the contract is not fully executed.
Explain the legal principles applicable in the case and advise Peter Manu. (8 marks)
(a) Explain the rules governing the passing of risk in a sale of goods contract. (8 marks)
(b) Highlight the circumstances under which an agent would be allowed to delegate his authority. (4 marks).
(c) An agent will usually act within his authority, but if the relationship with his principal is well established, he may occasionally act outside the authority if he feels the principal will subsequently ratify the agent’s action. Discuss the effects of subsequent ratification of an unauthorized act by the principal. (8 marks)
(a) Explain the meaning of the term “hire purchase agreement”. (4 marks)
(b) Outline the legal effects on non-registration of a hire purchase agreement. (6 marks)
(c) Jean Jipapa insured his ship against any losses while lying at Mombasa port for a sum of 10 million with BADCE Insurance Company Limited .He further insured the same ship with Deep Sea Insurance Company Limited for a similar amount. Subsequently, the port caught fire and the ship was badly damaged. The estimated cost of repair of the ship is 5 million. Jean Jipapa has lodged a claim for compensation from both insurance companies.
Explain the legal principles in the case and advise Jean Jipapa. (10 marks)
(a) With reference to property law:
(i) Explain the term “servitudes” (2 marks)
(ii) Discuss the essential characteristics of an easement (8 marks)
(b) Winy Kay and Evans Jay have been long term friends. They have decided to form a partnership but do not want to be governed by a partnership agreement. Explain to Winy Kay and Evans Jay the rights and duties of partners in a partnership with no partnership agreement. (10 marks
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