Public land includes:
i. Government offices and institutions
ii. Roads, streets, highways
iii. Airports, harbors, ports
iv. National parks and reserves
v. Forest reserves
vi. Public utilities
vii. Water catchments
viii. Cemeteries and burial grounds
ix. Unalienated or unregistered land held for public use
x. Any land declared public by law

The principle volenti non fit injuria is a classic defense in tort law. It literally means “to one who consents, no harm is done.” This defense applies when a person knowingly and voluntarily consents to a risk, thereby waiving their right to claim damages for any injury resulting from that risk.
• “No action can result from an illegal act.”: This refers to the doctrine of ex turpi causa, not volenti.
• “An inevitable accident is a general defense in the law of tort.”: This is a separate defense.
• “A person who voluntarily consents to a particular act cannot also claim that the same act is an intentional tort.” : Partially correct, but less precise; volenti mainly covers risk consent, not all intentional torts.

Under the Hire Purchase Act (Kenya), if goods are recovered from a hirer after he or she has paid two-thirds of the hire-purchase price, the owner is not entitled to repossess the goods except through a court order.
If the owner repossesses the goods without a court order, that repossession is unlawful, and the hirer is released from all liability under the agreement and may recover all sums already paid.
However, if the goods are lawfully recovered through the court, the hirer is not automatically released from liability, and cannot necessarily recover sums paid.

Right to property is guaranteed (Article 40), but “protection of the law” is not listed as a standalone constitutional right in Kenya
• Right to life is guaranteed under Article 26 of the Constitution of Kenya.
• Freedom of assembly, demonstration, picketing, and petition is guaranteed under Article 37..
• Right to liberty is covered under Article 29 (freedom and security of the person).

A mere listing of ingredients (such as in a recipe) is not protected under copyright law because it lacks sufficient original authorship or creativity.

However, if the recipe includes creative expression, like detailed instructions, descriptions, or a story, it can be protected.

Tort law covers civil wrongs not arising from contracts. Contractual disputes are dealt with under contract law, while torts include negligence, nuisance, defamation, trespass, etc.

Courts consider factors such as the hierarchy of the court (binding authority) and similarity of facts before applying a precedent

All three statements accurately reflect standard arbitration appointment procedures found in most arbitration laws and rules (including the Kenya Arbitration Act and UNCITRAL principles):
• In a 3-arbitrator tribunal, each party appoints one arbitrator, and the two appointed arbitrators select the third (presiding) arbitrator.
• In a 2-arbitrator setup, each party appoints one arbitrator.
• In a single-arbitrator system, the parties jointly agree on who will serve as the sole arbitrator.

• Holder: Entitled to receive payment
• Holder in due course: Acquires instrument legitimately for value, before maturity, without notice of defects

Stare decisis means “to stand by decided matters.” It ensures consistency by binding lower courts to follow higher court rulings.

a) Condition: A term in a contract that is essential. Its fulfillment is a prerequisite for the main contract or another action. In a hire purchase agreement, for example, paying the first installment might be a condition before taking delivery of the goods.
b) Warranty: A less critical term; it is an assurance or guarantee by the seller about the state or quality of the goods. Breach of a warranty gives the buyer the right to claim damages, but does not terminate the contract.

Uberrimae fidei (utmost good faith) applies especially in life insurance, where all material facts must be disclosed to avoid denial of claim.

A factor agent is an agent who:
i. Takes possession of the goods from the principal
ii. Sells the goods on behalf of the principal
iii. Has control over the goods while in their custody.

 Broker agent: Facilitates deals between buyer and seller but does not take possession of goods.
 Commission agent: Sells goods on behalf of the principal but usually does not take possession, earning a commission.
 Del Credere agent: A commission agent who guarantees the buyer’s payment, adding a liability insurance-like role.

So only a factor agent both possesses and sells the goods

Positive privity benefits a third party, while derived privity arises from a related contract.

This is a material alteration (amount changed). Under Kenyan law (Bills of Exchange Act, Section 85), a material alteration makes the instrument void, except as against the party who was privy to it (here, Michael, who altered it) . So:
• Against Mark (drawer): The cheque is void due to material alteration.
• Against Michael (alterer/endorser): Simon can enforce it because Michael is the one who committed the fraud.

Rights of subsequent holders
 Thomas and Simon are holders in due course if they were unaware of the fraud.
 But because the alteration is material and Michael was the fraudster, the instrument is void against Mark.
 Simon cannot enforce the altered amount against Mark, because Mark did not authorize the alteration.
 Simon can enforce it against Michael, since Michael was privy to the alteration.
 Thomas is just a holder from Michael, so Simon cannot enforce against Thomas personally; he can enforce against the immediate party who committed the fraud if necessary.

An agency is created when one person (the principal) authorizes another person (the agent) to act on their behalf and under their control. This is exactly what Option C describes.
• describes a partnership
• refers to an association
• describes a joint venture

In the context of a lien as a right of an unpaid seller, the lien is exercisable if the goods have been sold on credit and the terms of credit have expired. If the buyer fails to pay for the goods within the agreed credit terms, the unpaid seller may exercise a lien over the goods, meaning the seller has the right to retain possession of the goods until payment is made. This right is typically available even if the goods have been delivered, as long as the seller still retains possession of them and the payment terms have not been met.

Territorial jurisdiction restricts a court’s authority to cases arising within a certain geographic area.

Main differences between a bill of exchange and a promissory note

Under a Free Alongside Ship (FAS) contract, as recognized in Kenyan trade law (following Incoterms rules) , the seller’s responsibility is to:
• Deliver the goods alongside the vessel nominated by the buyer at the named port of shipment, and
• Clear the goods for export.
After that point, the risk and cost transfer to the buyer, who becomes responsible for:
• Loading (reloading) the goods onto the vessel,
• Ocean freight (transportation), and
• Marine insurance.

• One of the main advantages of the doctrine of judicial precedent is that it promotes certainty and predictability in the law.
• Courts follow established precedents, allowing people to know what to expect when similar legal issues arise.

These agents act on specific transactions or limited scope, not on all matters of the principal.

• Negotiation: Parties resolve their dispute directly through discussion without a third party.
• Mediation: An independent third party (the mediator) helps the disputing parties reach a mutually acceptable solution.

“Sans recours” (without recourse) is commonly used in endorsement or transfer of negotiable instruments.
• When a negotiable instrument is transferred “without recourse”, the transferor (seller/endorser) does not assume liability if the instrument is dishonored or defaults.
• Essentially, the buyer or endorsee takes the risk of default, not the seller.

Since the cheque was dishonored, Fahari remains an unpaid seller under the Sale of Goods Act.

Under copyright law, the fair use doctrine allows limited use of copyrighted material without the copyright holder’s permission, but only in specific cases, such as for education, research, criticism, commentary, news reporting, or parody.

The use must meet certain conditions (like purpose, amount used, and effect on market value) to qualify as fair use.

“Nemo judex in causa sua” means no one should be a judge in their own cause, which is the rule against bias, a key principle of natural justice.

In Kenya, arbitration agreements are indeed treated as separate and independent from the underlying contract. This principle is recognized under Section 17(1) of the Kenyan Arbitration Act (1995), which provides that:
“An arbitration clause which forms part of a contract shall be treated as an agreement independent of the other terms of the contract.”
Therefore, even if the main contract is terminated, rescinded, or declared invalid, the arbitration clause remains valid and enforceable unless the clause itself is specifically challenged.
This reflects the doctrine of separability, which ensures that disputes, including those about the validity or termination of the main contract, can still be referred to arbitration.

Under an Ex-ship contract, the seller must deliver the goods to the buyer at the port of destination, and:
• Property in the goods does not pass until actual delivery.
• The goods remain at the seller’s risk during the voyage.

A fiduciary must act in the best interest of the principal, maintaining honesty, good faith, and loyalty.

The Rylands v Fletcher rule is a principle in tort law that imposes strict liability on a landowner or occupier. It states that if someone keeps a dangerous thing on their land for a non-natural use, and it escapes and causes damage to another, the landowner is liable regardless of negligence or fault.
Example: Storing large quantities of water or hazardous chemicals that escape and flood a neighbor’s property.

 Donoghue vs Stevenson (1932): Established the modern duty of care in negligence, not strict liability.
 Bourhill vs Young (1943): Concerned foreseeability of harm in negligence.
 Nettleship vs Weston (1971): Concerned the standard of care for learner drivers in negligence.
So, the strict liability for escape of dangerous things comes from Rylands v Fletcher (1868).

Gratuitous bailment: One party benefits; the other acts without consideration

Self-defense (also called private defense) is a general defense in criminal law where a person uses reasonable force to protect themselves from imminent harm or danger.
• In this scenario, Malia believed she was in imminent danger and acted to protect herself, which justifies her actions.
• The force used must be proportionate and reasonable under the circumstances. Breaking Suleiman’s arm can be considered reasonable if it was necessary to prevent the attack.

 Volenti non-fit injuria: Applies when a person consents to the risk of harm (not relevant here).
 Statutory authority: Applies when an act is justified by law (e.g., police enforcing a law).
 Special defense: These defenses focus on the mental state or capacity of the accused. They often relate to the lack of criminal intent (mens rea). Common special defenses include: insanity, infancy, intoxication, automation, and mistake in law

a) Unilateral contract of commercial credit: This refers to a situation where goods are delivered without immediate payment, based on an agreement (written or oral) that may include security for payment at a later date. This fits the description given.

b) Absolute performance bonds: These require the surety to pay the specified amount if the contractor or obligated party fails to fulfill the contract. This matches the second part of the statement exactly.

Premiums are recoverable only if dissolution is not caused by the partner’s own default or breach.

A contract of guarantee involves three parties:
• Creditor
• Principal debtor
• Surety/Guarantor
An indemnifier is part of a contract of indemnity, not a contract of guarantee.

Agency by estoppel arises when the conduct of a person (the principal) leads a third party to reasonably believe that another person is authorized to act as their agent. The principal is then estopped (prevented) from denying the agency.

A lower court is not bound by its own previous decisions; however, appellate courts, such as the Court of Appeal, usually follow their own past decisions but may depart from them in exceptional circumstances.

• Lower courts must follow decisions of higher courts in the hierarchy.
• Stare decisis requires courts to follow previous similar cases within the jurisdiction.
• Decisions from other jurisdictions (e.g., UK, India, Tanzania) are not binding in Kenya. They are only persuasive, not obligatory

A promissory note is a written promise to pay a specific sum to a person on demand or at a fixed date.

Deferred payment refers to the postponement of payment for a bill or debt, often with the option to pay in installments over an agreed period.

• Credit sale: Goods are sold on credit, but payment terms may vary; not necessarily postponed in installments.
• Conditional sale: Ownership transfers only after certain conditions are met.
• Installment system: A method of paying in parts, which may or may not involve deferring the start of payment.
So the key feature of deferred payment is the temporary postponement of the debt.

Defenses:
• Consent
• Legal authority
• Necessity

Mistake alone does not absolve liability.

• Certiorari: A writ used to quash the decision or order of an inferior court, tribunal, or public authority.
• Mandamus: A writ issued to command a public authority or inferior body to perform a public or statutory duty.

A public officer may accept gifts if:
a) Small token of appreciation
b) Protocol or ceremonial gifts
c) From family or personal friends
d) Donations to government institutions

Not for bribes or influencing decisions.

The features of an unincorporated association

A legal audit examines legal and regulatory compliance, identifies risks, and ensures the organization operates within the law.

A leasehold interest gives the tenant legal possession and protection from arbitrary termination

Unintentional cancellation does not discharge the party.

• Unintentional or mistaken cancellation is inoperative (it does NOT discharge the party).
• If a cancellation appears on a bill, the burden of proof that it was unintentional or mistaken lies on the person alleging so.
• If a bill is intentionally canceled by the holder or agent and the cancellation is apparent, the bill is discharged.