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Instructions:: Group 2

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Law

Instructions:

1. Read carefully the questions and understand them fully.


2. Discuss them in details and present a written submission both hard copy and soft copy.
3. Summarise your submission into a short presentation in class.
4. Presentation will be awarded 10 marks, while the write up will be awarded 10 marks.
5. The write should have a cover page, the assignment questions, the answers, and more
importantly the references page. Remember to number your pages, and write the group
number and the names on the cover page and registration numbers.
6. Handwritten submissions will not be accepted.
7. Submission dateline: 25th October 2024
Note: Keep a copy of the question paper for your revision

Group 1

1. Explain the characteristics of a contract of guarantee

2. Explain the rules of termination of a hire purchase contract

3. What are the advantages of delegated legislation as a source of law in Kenya?

4. With help of decided cases, illustrate the extent of application of customs as a source of law in Kenya

5.What is the significance of bills of exchange?

Group 2

1.Explain the rules with regard to when property passes from the seller to the buyer

2.Explain the terms of a contract of hire purchase

3.Under what circumstances is a judicial precedent not binding on a Judge?

4.i)Explain the legal position of June and Mike respectively advicing each accordingly in the circumstances
below .Limca enterprises offered a television set for sale at a price of Kshs.250,000 and required that the
acceptance be communicated by phone within two weeks from the date of the offer. Five days after the
said date of the offer, June communicated her intention to buy the television set at kshs. 200,000, an offer
which was immediately rejected by Limca enterprises. On the last day of the prescribed two weeks,
June accepted to buy the television set at kshs. 250,000 but was informed that the television set had been
sold to Triza at Kshs 200,000. June wants to sue Limca enterprises.

ii)June sold a television set to Mike who paid the entire price of the TV. Mike was informed shortly later
that the said TV belongs to Triza and that June had indeed stolen it from Triza’s house a month earlier. Triza
has now notified Mike of her intention to re-posses the TV.

Group 3

1.What are the essential elements of a valid acceptance of a bill of exchange?

2.Write short explanatory notes on;

i) The Kadhis courts

ii) Discharge of a contract by breach

iii) Completion of a hire purchase contract

3.Sema Traders offered a television set for sale at a price of Kshs. 300,000 and required that the acceptance
be communicated by phone within two weeks after the date of the offer. Five days after the date of the
offer, Bella communicated her intention to buy the television set at kshs. 280,000, an offer which was
immediately rejected by Sema Traders. On the last day of the prescribed two weeks, Bella accepted to buy
the television set at kshs. 300,000 but was informed that the television set had been sold to Jeff at Kshs
280,000.Bella’s cousin, Minnie is very upset and wants to sue Sema Traders for selling the laptop to Jeff
since she(Minnie) had planned to use the laptop for preparing for a seminar.Advice Jeff accordingly on the
intended suit.

4.Explain the concept of frustration of contracts and its consequences.

Group 4

1.Mr. Jumbe, who was vying for the national chairmanship of a political party, engaged Mr. Musika, a

local musician to perform in a series of campaign meetings. The political rallies were scheduled to be

held at the Wazalendo Stadium. Mr. Jumbe paid Mr. Musika fifty thousand shillings as part payment

for the performance fee.

a) Explain the legal position, if before the first rally can be held:

(i) The dais and seats at Wazalendo Stadium are burnt down and the rallies have to be cancelled.
(ii) Mr. Musika is found guilty of being in possession of narcotics and selling it to minors.

He is arrested and sentenced to a one year jail term.

2.Explain four limitations of common law which led to the development of the doctrines of equity.

3.Explain the rules of termination of a hire purchase contract

4. The constitution provides that when a bill has been passed by Parliament, it shall be presented to the
President for assent. However, there are instances when the President declines to assent a bill. State the
procedure the bill shall go through after it has failed to receive Presidential assent.

Group 5

1.S. a former student at Masaku High School owes the school Sh.50,000 as fees in arrears. Mr. P, the
principal of the school wrote a demand letter to F, S’s father threatening to sue S if the school fee in arrears
was not cleared within seven days. F approached P and offered to make payment by delivering 30 bags of
maize valued at Sh.30,000 on condition that it would be full and final payment of the debt owed to the
school.

Mr. P accepted the offer and the maize was delivered to the school. Two years later, S was employed and
Mr. P now intends to sue him for the fee balance.

Discuss the legal position of S.

2.Leeds Traders sold a hair drier for a hire- purchase price of Kshs. 120,000 to Cindy who paid an initial
price of Kshs 60,000. The rest of the amount was to be paid in four monthly instalments of Kshs. 15,000
each. Ten days after the due date of the last installment, Cindy received a notice from Leeds Traders stating
that an agent would be sent to collect the hair drier from Cindy’s Beauty Parlour since she had defaulted
in her payment.

4. Explain the jurisdiction of the High court

5. Distinguish between law and morality

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