Business Law November 2019 Past Question Paper

KNEC Past Examination Question Papers

This Past Paper examination was examined by the Kenya National Examination Council (KNEC) and it applies to the following courses:

• Diploma in Business Management
• Diploma in Co-operative Management
• Diploma in Human Resource Management
• Diploma in Supply Chain Management
• Diploma in Entrepreneurship Management
• Diploma in Investment Management

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THE KENYA NATIONAL EXAMINATIONS COUNCIL

Business Law
Year 2019

1. (a) Outline six characteristics that a custom should have in order for it to be relied upon as a source of law. (12 marks)

(b) Explain four duties of an employee to the employer. (8 marks)

2. (a) Outline five categories of persons considered as dependants under the law of succession. (10 marks)

(b) Explain five circumstances under which non-disclosure of material facts in a contract amounts to misrepresentation. (10 marks)

3. (a) In relation to the law of succession, explain five reasons that may lead to the failure of a legacy. (10 marks)

4. (a) Outline six circumstances under which a woman is not presummed to be an agent to pledge a man’s credit for necessaries. (12 marks)
(b) Juliana went to mombasa on holiday. she entrusted the safety of her house to her friend Neema for two weeks she woulld be away. However, when she came back from mombasa, she noted that her washing machine was missing. On confronting Neema on the whereabouts of the washing machine, Neema disclosed that she had sold it to her friend, Mary. Juliana is aggrieved and intends to file a suit for recovery of her washing machine.
Explain the legal position of the parties. (8 marks)

5. (a) Highlight six instances where the maxim `delegates non protest delegate does not apply. (10 marks)

(b) Nelly agreed to sell her one acre parcel of land to Lorraine. The price of the land was to be payable by Lorraine in the same month the contract was made. However, Nelly sold the land to another before the expiration of the agreed time of contract. Lorraine received information of the subsequent sale from a reliable source. She is aggrieved and intends to sue Nelly for breach of contract. (1 0 marks)

6. (a) Explain five ways in which the National Assembly of Kenya should improve the law-making process. (10 marks)

(b) (i) Outline three elements that a plaintiff must prove in an action for negligence. (6 marks)

(ii) Explain two defences that a person accused of negligence may plead. (4 marks)

7. (a) Outline six differences between criminal law and civil law (12 Marks)

(b) Explain four ways in which the High court exercises supervisory jurisdiction. (8 Marks)