Free Law and Ethics revision

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

2. __________refers to law made by an executive authority under powers given to them by primary legislation in order to implement and administer the requirements of that primary legislation.

3. The two(2) rules of natural justice are:

4. TRUE or FALSE: If an arbitration award is outside the agreement, it is void, and since a void award cannot be severed from the rest of the award, the whole award is void.

5. Outline four(4) powers of the Court of Appeal.

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

7. Which of the following  are elements that must coexist in order to constitute a partnership?

8. Tort law is the branch of the law that deals with civil suits, with the exception of disputes involving :

9. Malia was attacked by Suleiman and believing she was in imminent danger, used reasonable force to defend herself. In the process, she broke Suleman's arm and Suleiman sued her. What type of general defense can Malia apply?

10. TRUE or  FALSE: A promise that has been made as a result of past consideration cannot be enforced in a court of law. However, a promise to pay a debt that was eliminated by bankruptcy is enforceable.

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

12. Highlight three(3) remedies for an unpaid seller.

13. In reference to the hire purchase agreement,(i)________refers to a requirement or event that should be performed before the completion of another action, whereas a (ii)__________is an assurance given by the seller to the buyer about the state of the product, that the prescribed facts are genuine.

14. Indemnity can be defined as:

15. An (i)______guarantee refers to a guarantee that is given in respect of a single debt or specific transaction and is to come to an end when the guaranteed debt is paid or the promise is duly performed, whereas a guarantee which extends to a series of transactions is called an (ii)__________guarantee.

16. The insurance principle of subrogation:

17. Insurance policies have five main parties; The declaration page, Definitions, Insuring agreements, Exclusions & limitations, and Conditions. Outline five(5) contents covered under the declaration page.

18. Moses entered into a contract with Elijah as her agent. Moses wants to know the duties of an agent to the principal. Outline four(4) duties of the agent(Elijah) to the principal( Moses).

19. The concept of agency by ________arises where one person acts in such a way that the other believes that a third person is authorized to act on his behalf and enters into a transaction with the third person.

20. Sans recours (without recourse) means that:

21. Highlight four(4) types of disputes that fall under the jurisdiction of the environmental and land court in Kenya in accordance with Article 162(2)(b) of the constitution

22. In relation to the law of persons, highlight three(3) differences between a company and a cooperative society.

23. As a victim of negligence, Luka has been advised he must prove any wrong caused by the negligent behavior or a failure to practice due diligence. Because the duty of care is not executed correctly, outline four (4) essentials that Luka must prove.

24. 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.

Define the following terms:
i. Fiduciary
ii. Agency by necessity

26. Where alteration to a bill is material, it becomes______ void except as against the party who was privy to the alteration and except in the case of an alteration that is not apparent.