CPA

CS

CCP

PART I

SECTION 1

 

 

BUSINESS LAW

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REVISION KIT

 

 

 Updated with November 2019 Examination Past paper

  

CONTENT

2. 1 Elements of Legal systems

2.1.1. Nature, purpose and classification of law

• Meaning of law
• Nature of Law
• Purpose of law
• Classification of law
• Law and morality

 

2.1.2 Sources of law

• The Constitution
• Legislation
• Substance of common law and doctrines of equity
• African customary law
• Islamic law
• Judicial precedent
• General rules of international law and ratified treaties

 

2.1.3 Administrative law

• Meaning of administrative law
• Functions of administrative law
• Doctrine of separation of powers
• Principles of natural justice
• Judicial control of the Executive

 

2.1.4 The court system

• Establishment, Structure, composition and jurisdiction of courts
• Supreme Court
• Supreme Court
• Court of Appeal
• High court
• Employment and labour court
• Magistrate courts
• Courts martial
• Kadhis courts

 

2.1.5 Alternative dispute resolutions

• Nature of Alternative dispute resolutions
• General Principles of ADR
• Mediation
• Negotiation
• Conciliation

 

2.2 Law of persons

• Natural persons
• Nationality, citizenship and domicile
• Unincorporated associations
• Incorporated associations
• Co-operative societies

 

2.3 Law of tort

• Nature of tort
• Negligence
• General defences in the law of tort
• Vicarious liability
• Strict Liability
• Defamation
• Occupiers liability
• Limitation of actions

 

2.4 Law of contract

• Definition of contract
• Classification of contracts
• Essentials of valid contract
• Terms of a contract
• Vitiating factors
• Illegal contracts
• Discharge of contract
• Remedies for breach of a contract
• Limitation of actions

 

2.5 Sale of goods

• Nature of the contract
• Formalities of the contract
• Terms of the contract
• Implied terms statute
• Rights and duties of the parties
• Auction sales
• International contracts of sale: FAS, FOB, CIF, FCA, CPT, CIP, DAT, DAP, DDP, CFR, DAF, DES, DDU, Ex-works and Ex-ship

 

2.6 Hire Purchase Contracts

• Nature of the hire purchase contract
• Difference between hire purchase and conditional sale/credit sale
• Formalities of the hire purchase contract
• Implied terms of the hire purchase contract
• Rights and duties of the parties
• Termination and completion of the hire purchase contract

 

2.7 Agency

• Meaning, nature of agency contract
• Types of agents
• Creation of agency
• Authority of an agent
• Rights and duties of the parties
• Termination of agency

 

2.8 Partnership

• Nature of partnership
• Types of partnership
• Rights, duties and liabilities to existing, incoming, outgoing and minor partners
• Management of partnerships
• Dissolution of partnership and its consequences

 

2.9 Indemnity and Guarantees

• Nature of the contracts
• Rights and duties of the parties
• Termination of contract
• Remedies for breach of contract

 

2.10 Insurance

• Nature of the contract
• Formation of the contract
• Principles of insurance
• Types of insurance
• Termination of the contract

 

2.11 Negotiable instruments

• Nature and characteristics
• Negotiability of the instrument
• Types: Cheques, promissory notes, bills of exchange
• Obligations of the parties

 

2.12 The law of property

• Definition of property
• Classification of property (real and personal, movable and immovable, tangible and intangible)
• Property in land: Private, Public and Community land
• Interests in land: estates, servitudes and encumbrances
• Intellectual property: plant breeder’s patents, trademarks, copyrights and
• Industrial designs

 

 

 

CONTENT                                                  PAGE

 

Past papers

1. November 2019……………………….6
2. May 2019…………………………….….9
3. November 2018………………………12
4. May 2018……………………………….15
5. November 2017………………………18
6. May 2017…………………………………21
7. November 2016……………….………24
8. May 2016……………………….……….27
9. November 2015…………………………30
10. September 2015…………………………32

 

Suggested answers and solutions:

1. November 2019…………………………35
2. May 2019………………………………….50
3. November 2018…………………………60
4. May 2018……………………………………67
5. November 2017………………….………75
6. May 2017………………………………….84
7. November 2016……………………………93
8. May 2016…………………………………..103
9. November 2015………………………….112
10. September 2015………………………….121

BUSINESS LAW / COMMERCIAL LAW REVISION KIT SAMPLE

 CPA PART I SECTION 1

CS PART I SECTION 1

CCP PART I SECTION 1

BUSINESS LAW

QUESTION ONE

(a)

1. Outline four ways through which the Supremacy of the Constitution is manifested.   (4 marks)

1. Identify eight sources of law in your country.  (8 marks)

(b)       With specific reference to administrative law:

1. Distinguish between “substantive ultra vires” and “procedural ultra vires”.(4 marks)
2. Discuss four ways in which the independence of the Judiciary is promoted. (4 marks)

BUSINESS LAW / COMMERCIAL LAW REVISION KIT SAMPLE

CPA PART I SECTION 1

CS PART KSECTION 1

CCP PART I SECTION 1

BUSINESS LAW

MONDAY: 20 May 2019.                                              Time Allowed: 3 hours.

 

Answer any FIVE questions.        ALL questions carry equal marks.

QUESTION ONE

(a) Brutus Okeka purchased a radio from Dancing Spoon Ltd. on hire purchase terms. The purchase price was Sh.45,000. He paid a down payment of Sh.5,000 and the balance was to be paid in monthly instalments of Sh.5,000. Brutus Okeka defaulted after consistently paying the required instalments for a period of six months. Dancing Spoon Ltd. promptly repossessed the radio. Brutus Okeka feels aggrieved and seeks your advice.

Analyse the legal principles applicable in the above case and advise Brutus Okeka.    (10 marks)

BUSINESS LAW / COMMERCIAL LAW REVISION KIT SAMPLE

CPA PART 1 SECTION 1

CS PART I SECTION 1

CCP PART 1 SECTION 1

BUSINESS LAW

MONDAY: 26 November 2018.                                                Time Allowed: 3 hours.

Answer any FIVE questions.                                   ALL questions carry equal marks.

 

QUESTION ONE

(a) Outline six properties of law.  (6 marks)

(b) In relation to the sources of law:

(i) Distinguish between an “amendment” and a “repeal” of a law.     (4 marks)

(ii) Identify four examples of persuasive precedents.        (4 marks)

(c) List six instances when a court might review an administrative action.      (6 marks)

BUSINESS LAW / COMMERCIAL LAW REVISION KIT SAMPLE

CPA PART I SECTION 1

CS PART I SECTION I

CCP PART I SECTION I

COMMERCIAL LAW

 

MONDAY: 21 May 2018.                                                           Time Allowed: 3 hours.

Answer any FIVE questions.                                       ALL questions carry equal marks.

 

QUESTION ONE

(a) With specific reference to sources of law:

(i) Explain three advantages of an unwritten constitution over a written one.  (6 marks)

(ii) Distinguish between “obiter dicta” and “ratio decidendi”.    (4 marks)

(b) Highlight six differences between a “co-operative society” and  a “partnership”.    (6 marks)

(c) Highlight four consequences of incorporation of companies.    (4 marks)

BUSINESS LAW / COMMERCIAL LAW REVISION KIT SAMPLE

CPA PART 1 SECTION 1

CS PART I SECTION 1

CCP PART 1 SECTION 1

COMMERCIAL LAW

 

MONDAY: 27 November 2017.   Time Allowed: 3 hours.

Answer any FIVE questions.        ALL questions carry equal marks.

QUESTION ONE

(a) With reference to the Sale of Goods Act, or the equivalent law on the sale of goods in your country:

(i) Explain the meaning of the rule “nemo dat quod non habet’’.   (4 marks)

(ii) Discuss four exceptions to the rule in (a)(i) above.   (8 marks)

BUSINESS LAW / COMMERCIAL LAW REVISION KIT SAMPLE

CPA PART I SECTION 1

CS PART 1 SECTION 1

CCP PART I SECTION I

COMMERCIAL LAW

MONDAY: 22 May 2017.                                                               Time Allowed: 3 hours.

Answer any FIVE questions.                                         ALL questions carry equal marks.

QUESTION ONE

(a) Alex Kornbo entered into a five year written lease agreement for office premises with Mercy Omagwa. After the end of the lease period, the parties agreed that Mercy Omagwa would continue occupying the office premises for another five years. On that basis, Mercy Omagwa made extensive renovations to the office premises. She installed new carpets, painted the premises and put in a new heating system.

Alex Kombo later changed his mind and told Mercy Omagwa to vacate the office premises claiming that the lease agreement has expired.

With specific reference to promissory estoppel in the law of contract, advise Mercy Omagwa on her legal rights.     (10 marks)

BUSINESS LAW / COMMERCIAL LAW REVISION KIT SAMPLE

CPA PART I SECTION 1

CS PART I SECTION 1

CCP PART I SECTION 1

COMMERCIAL LAW

MONDAY: 21 November 2016.                                                       Time Allowed: 3 hours.

Answer any FIVE questions.                                         ALL questions carry equal marks.

 

QUESTION ONE

(a) Explain three rules courts apply in the interpretation of statutes.    (6 marks)

(b) Describe three rules governing the liability of a retiring partner in the law of partnerships.   (6 marks)

(c) With reference to natural justice, highlight eight rights of an accused person in criminal proceedings.      (8 marks)

BUSINESS LAW / COMMERCIAL LAW REVISION KIT SAMPLE

CPA PART 1 SECTION I

CS PART I SECTION I

CCP PART 1 SECTION 1

COMMERCIAL LAW

 

MONDAY: 23 May 2016.                                                                Time Allowed: 3 hours.

Answer any FIVE questions.                                        ALL questions carry equal marks.

 

QUESTION ONE

(a) In relation to the sources of law:

(i) Explain the meaning of the term “common law”.     (4 marks)

(ii) State four characteristics that a custom under African customary law should satisfy to be enforceable.     (4 marks)

(iii) Describe two types of judicial precedents.     (4 marks)

(b) Discuss four grounds of an application for judicial review.    (8 marks)

BUSINESS LAW / COMMERCIAL LAW REVISION KIT SAMPLE

CPA PART 1 SECTION I

CS PART I SECTION I

CCP PART 1 SECTION 1

COMMERCIAL LAW

 

FRIDAY: 20 November 2015.                                                         Time Allowed: 3 hours.

Answer any FIVE questions.                                        ALL questions carry equal marks.

 

QUESTION ONE

(a) Explain five main branches of civil law.                                                         (10 marks)

(b) Justify the need for delegated legislation.                                                       (10 marks)

BUSINESS LAW / COMMERCIAL LAW REVISION KIT SAMPLE

CPA PART I SECTION 1

CS PART I SECTION 1

CCP PART I SECTION 1

COMMERCIAL LAW

PILOT PAPER

 

September 2015.                                                                               Time Allowed: 3 hours.

Answer any FIVE questions.                                        ALL questions carry equal marks.

 

QUESTION ONE

(a) Explain three branches of public law.    (6 marks)

(b) Describe the procedure to be followed when the President declines to assent to a bill passed parliament.   (8 marks)

(c) Explain the doctrine of independence of the judiciary.   (6 marks)

BUSINESS LAW / COMMERCIAL LAW REVISION KIT SAMPLE

SUGGESTED ANSWERS AND SOLUTIONS

NOVEMBER 2019

QUESTION 1

Sources of law

1. Ways through which the supremacy of the constitution can be manifested

Supremacy of the constitution means that the constitution is the supreme law of the land. All other laws derive their validity from the constitution.

1. Validating norm – All other laws derive their validity from the constitution.
2. Proclaims supremacy – Section 3 of the Constitution is emphatic that it is the supreme law and any other law inconsistent with it is void to the extent of the inconsistency.

BUSINESS LAW / COMMERCIAL LAW REVISION KIT SAMPLE

SUGGESTED ANSWERS AND SOLUTIONS

MAY 2019

 

QUESTION 1

Legal principles applicable in the case

Under the law governing hire purchase, if the hirer has paid two thirds) of the price purchase price, the owner cannot repossess the goods otherwise than a court action. This section intended to do away with common law practice of “snatch back.”

Since Brutus Okeka had paid more than two thirds of the amount, Dancing Spoon LTD did contrary to this provision; the following are the consequences;

BUSINESS LAW / COMMERCIAL LAW REVISION KIT SAMPLE

SUGGESTED ANSWERS AND SOLUTIONS

NOVEMBER 2018

 

QUESTION 1

Six properties of law

1. It regulates human conduct
2. Law must be enforced
3. It is dynamic
4. It is a set of rules
5. Codification – law in Kenya is written except customary law
6. Generally applicable to a community

BUSINESS LAW / COMMERCIAL LAW REVISION KIT SAMPLE

SUGGESTED ANSWERS AND SOLUTIONS

MAY 2018

QUESTION 1

Advantages of unwritten constitution over written constitution one

1. Unlike written constitution, there are no special procedures for making a constitutional law and it will not be inherently superior to other legislation
2. Unwritten constitution is much elastic as compared to written constitution in terms of its application
3. Unwritten / uncodified constitution is easily adaptable as compared to unwritten constitution

BUSINESS LAW / COMMERCIAL LAW REVISION KIT SAMPLE

SUGGESTED ANSWERS AND SOLUTIONS

 

NOVEMBER 2017

 

QUESTION 1

Meaning of  “nemo dat quod nan habet”

It means that the seller cannot give to the buyer a better title to the goods than he himself has. It was developed to protect the true owner of goods. However, the principle is subject to various exceptions which include:

1. Sale under estoppel
2. Sale mercantile agent/factor
3. Resale seller in possession
4. Sale buyer in possession

BUSINESS LAW / COMMERCIAL LAW REVISION KIT SAMPLE

SUGGESTED ANSWERS AND SOLUTIONS

MAY 2017

 

QUESTION 1

Advice to mercy Omagwa

Promissory estoppel – it is to the effect that where parties have a legal relationships and one of them makes a new promise or representation intended to affect their legal relations and to be relied upon the other. Once the other has relied upon it and changed his legal position, the other party cannot be heard say that their relationship was different. The party is estopped from denying its promise

For Mercy Omagwa to succeed, she must prove that;

BUSINESS LAW / COMMERCIAL LAW REVISION KIT SAMPLE

SUGGESTED ANSWERS AND SOLUTIONS

 

NOVEMBER 2016

 

QUESTION 1

Rules courts apply in interpretation of statutes.

1. Literal rule – under this rule, the words or phrases in a statute are given their plain or ordinary dictionary meaning
2. Golden rule – where the literal results in absurdity, inconsistency, inconveniently or repugnancy, the golden rule is applied i.e. a statute is interpreted in such a way as to remove any inconsistency, absurdity etc.
3. The mischief rule – where the act is passed to remedy a mischief, evil or defect

BUSINESS LAW / COMMERCIAL LAW REVISION KIT SAMPLE

SUGGESTED ANSWERS AND SOLUTIONS

MAY 2016

 

QUESTION ONE

Sources of law

1. 1. Common law – it is the law which originated from the ancient customs of English people and was developed the judges on the principle of stare decisis. It was administered the common law courts which were established between 12^th and 13^th It has the following characteristics

BUSINESS LAW / COMMERCIAL LAW REVISION KIT SAMPLE

SUGGESTED ANSWERS AND SOLUTIONS

 

NOVEMBER 2015

 

QUESTION ONE

Main branches of civil law

1. Law of contracts – The law of contract determines whether a promise is legally binding/enforceable and what legal consequences are.
2. Law of torts – A tort is a civil wrong for which the remedy in a common law is action for unliquidated damages e.g negligence, defamation, trespass and nuisance
3. Law of property – law of property deals with the nature and extent of the rights which people may enjoy ones land and other property.

BUSINESS LAW / COMMERCIAL LAW REVISION KIT SAMPLE

SUGGESTED ANSWERS AND SOLUTIONS

 

PILOT PAPER

SEPTEMBER 2015

 

QUESTION 1

Branches of public law

1. Constitutional law – consist of those rules which regulate the relationship between different organs of state e.g legislature, judiciary and executive
2. Administrative law – is the law which relates to the actual functioning of the executive instruments of the government
3. Criminal law – is the branch of law which consists of wrongs committed against the state. It deals with wrongs prohibited law and detested society

BUSINESS LAW / COMMERCIAL LAW REVISION KIT SAMPLE