Elements of Law November 2012 Past Examination Question Paper – KNEC
This Past Paper examination was examined by the Kenya National Examination Council (KNEC) and it applies to the following Certificate courses
Diploma in Supply Chain Management – Module I
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THE KENYA NATIONAL EXAMINATIONS COUNCIL
DIPLOMA IN SUPPLY CHAIN MANAGEMENT
ELEMENTS OF LAW
Time: 3 hours
1. (a) Outline three conditions that must be fulfilled before customary law can be applicable in the Kenyan courts. (6 marks)
(b) Explain three grounds upon which an appeal may be made from the high court to the court of appeal. (6 marks)
c) Explain four advantages of case law as a source of law. (8 marks)
2. (a) Outline five circumstances under which a person may be deprived of his right to life under the constitution of Kenya. (10 marks)
b) Explain five ways in which a lease may be terminated. (10 marks)
3. (a) Explain five grounds upon which a spouse may petition the court to declare a marriage null and void. (10 marks)
(b) In relation to the law of persons, explain hve differences between a registered company and an unlimited partnership. (10 marks)
4. Explain five remedies for breach of contract. (10 marks)
(b) On 10th April, 2000, Lily entered into a contract with Tajira for the sale of a car engine. The engine was to be brought from Japan by ship. Tajira paid a deposit of Ksh SOLO. The balance of Ksh 50,000 was to be paid upon delivery of the engine. ’ On 12‘ May, 2000, while the ship carrying the engine was at sea, it sunk due to bad weather. The engine sunk with the ship. When Tajira demanded a refund from Lily, she refused to pay him. Tajira is aggrieved and seeks your legal advice.
(i) Explain the legal pñnciples applicable to the facts above.
(ii) Advise Tajira on his legal rights. (10 marks)
5. (a) Explain three circumstances under which the government may be sued in tort. (6 marks)
b) Explain two circumstances under which a person’s right to personal liberty may be curtailed under the constitution of Kenya. (4 marks)
(c) Outline the factors that the court takes into consideration when making provisions for a dependant. (10 marks)
6. (a) In relation to the law of torts:
(i) Outline three differences between slander and libel; (6 marks)
(ii) Outline the ingredients of defamation. (4 marks)
(b) Cherry went to play golf at North Rift Golf club. While Cherry was playing golf, Polo, also a club member, hit a ball which knocked Cherry on the face and smashing her right eye. Cherry is now blind in one eye as a result. She is aggrieved and seeks your legal advice.
(i) Explain the legal principles applicable to the facts above.
(ii) Advise Cherry and Polo on their legal positions. (10 marks)
7. (a) In relation to the law of property:
(i) define the tern easement; (2 marks)
(ii) Outline four characteristics of an easement. (8 marks)
(b) Explain five conditions that must be fulfilled before a gift can take effect as Donatio mortis cause (10 marks)