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Past Papers COMMERCIAL LAW 2

The document outlines the examination details for the Business Law/Commercial Law course for the academic year 2024/2025, including instructions for answering questions. It consists of four main questions covering topics such as the concept of 'Caveat Emptor', misrepresentation, judicial review, and contract termination. Each question includes specific requirements and marks allocation for students to address.

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164 views2 pages

Past Papers COMMERCIAL LAW 2

The document outlines the examination details for the Business Law/Commercial Law course for the academic year 2024/2025, including instructions for answering questions. It consists of four main questions covering topics such as the concept of 'Caveat Emptor', misrepresentation, judicial review, and contract termination. Each question includes specific requirements and marks allocation for students to address.

Uploaded by

2500583
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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UNIVERSITY EXAMINATIONS: 2024/2025

SCHOOL OF BUSINESS
ORDINARY EXAMINATION FOR DEGREE IN BACHELOR OF
COMMERCE/ PROCUREMENT & LOGISTICS/ INTERNATIONAL
BUSINESS MANAGEMENT/ PUBLIC MANAGEMENT
BAM 1204/BAM 1208: BUSINESS LAW/COMMERCIAL LAW
PART TIME
DATE: DECEMBER, 2024. TIME: 2 HOURS
INSTRUCTIONS: Answer Question ONE and Any other TWO Questions

QUESTION ONE [20 MARKS]


Caveat Emptor means buyer beware.

Required;

a) Explain briefly the four exceptions to the rule (4 Marks)

b) Briefly elucidate five duties of a buyer and a seller in a sale transaction (10 Marks)

c) Misrepresentation means a statement of fact made by one party to the other, either before or at
the time of contract, relating to some matter essential to the formation of the contract, with an
intention to induce the other party to enter into contract, with an intention to induce the other party
to enter into the contract. It may be expressed by spoken or written or implied from the acts or
conducts of the parties: -

Required;

i) List and briefly explain three types of misrepresentation. (6 Marks)

QUESTION TWO [15 MARKS]


a) List and explain the different courts categorized under superior and subordinate courts
focusing on their establishment and jurisdiction. (15 Marks)

Page 1 of 2
QUESTION THREE [15 MARKS]

a) Your colleague who was caught stealing during an exam has been expelled from the
University by Senate. He alerts you that he was did not attend the sitting that made the
decision to expel him because he was incapacitated. He comes to you for guidance on how
to get the decision reversed.

Required;
i) Identify the platform he should approach to have his matter heard. (2 Marks)
ii) List and explain seven grounds for judicial review (7 Marks)
iii) List and explain briefly explain the remedies available arising from a Judicial review.
(3 Marks)
b) Explain briefly the meaning of the concept ‘rule of law’ (3 Marks)

QUESTION FOUR-(15 marks)


Njeri has just graduated from KCA University and is bubbling with business ideas she wishes to
enter into contracts with suppliers.
Required;
i) Assist her by highlighting and briefly explaining five ways through which a contract gets
terminated (10 Marks)
ii) Distinguish between a void, voidable, and valid contract (5 Marks)

Page 2 of 2

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