Free Law and Governance revision Questions and Answers

1. Discuss five principles of ethical advertising that an advertising firm should adhere to.

2. Ethics in advertising is a set of well-defined principles which govern the ways of communication that takes place between the seller and the buyer. An advertisement is ethical if _______

3. A conflict of interest occurs when _________

4. Corporate governance not only improves a company’s overall performance,but it also promotes trust amongst the shareholders and other stakeholders. Outline six key effective practices in corporate governance.

5. TRUE OR FALSE: A person can become a holder in due course, before or after the maturity of the negotiable instrument, whereas, a person can become a holder only before the maturity of the negotiable instrument.

6. Mark drew a cheque for Kshs. 4,400/= in favor of Michael, who fraudulently altered the amount to Kshs. 440,000/= and sold (negotiated) it to Thomas who negotiated it to Simon. To whom can Simon enforce it against ?

7. Which of the following is not a test of negotiability?

8. TRUE OR FALSE: A person can purchase life insurance on himself/herself.

9. The _____________ is the Government agency established under the Insurance Act, Cap.487 with a mandate to regulate, supervise and develop insurance sector in Kenya.

10. In reference to the partnership Act, which of the following statements is not true?

11. Highlight three duties of good faith under the partnership Act Non 16 of 2012(Kenya).

12. Which of the following is not a duty of a bailee?

13. Which of the following statements about hire purchase agreement are true?

14. Inherent authority occurs when______

15. TRUE OR FALSE: Where an agent himself /herself has an interest in the subject-matter of the contract, the agent is personally liable to the extent of his/her interest in the subject-matter.

16. When does the risk transfer from buyer to seller under Cost,Insurance and Freight (CIF) agreement ?

17. Which of the following statements about sale and agreement to sale are true?

18. TRUE OR FALSE: Any contract with privity, but without consideration, is valid

19. A contract is one in which the parties have performed their duties under the contract is referred to as (a)_________, whereas, a contract is one in which the parties have not yet performed their obligations under the agreement is referred to as (b)_______

20. The____________ Act(Cap.34) defines the liability of an occupier of premises for injury to persons or damage caused to goods and resulting from actions or omissions of the occupier in respect of the occupied property.

21. Which of the following are not an intentional tort?

22. Which of the following are not features of unincorporated association?

23. In reference to legal persons, human beings are example of (a).________persons, whereas companies, firms and institutions are examples of (b)._________.

24. In reference to law of persons,a ________(a). refers to the group of people who unite to form one body under special denomination, whereas a ________(b). refers to an individual person who represents an official position which has a single separate legal entity,and a ________ (c).refers to a public enterprise formed by a special Act of the parliament.

25. TRUE OR FALSE: Conciliation is legally binding on the parties.

26. In the structure and hierarchy of the court system in Kenya, the subordinate courts include___________.

27. The supreme Court comprises of the (a).______who is the President of the Court, (b)______who is the Vice-President of the Court ,and (c)._____other Judges.

28. Which of the following statements about administration tribunals is false?

29. TRUE OR FASLSE: An arbitration clause requires the parties to resolve their disputes through an arbitration process and binds the parties to a type of resolution outside the courts.

30. Discuss the concept of ‘supremacy of the constitution’

31. TRUE OR FALSE :The primary purpose of following the doctrine of stare decisis is to help ensure uniformity and fairness in the application of the law

32. An unanimous decision held/reached by Supreme court judges that secularism is one of the basic structures of the constitution of Kenya is an example of (a)_________,whereas statements a lawyer tells the jury in a criminal case to convince them of his/her client’s innocence are examples of (b)___________.

33. __________law refers to a written law produced by Parliament which originates from decisions made in other courts and the country's written constitution

34. The following are differences between criminal and civil law. Which statement is not true?

35. TRUE OR FALSE: Contract, property, and tort laws are all examples of public law