Certain types of mistakes in the formation of a contract may affect the validity of a contract. Discuss this statement explaining the mistakes ANSWER Mistakes of fact which affect the validity of a contract are referred to as operative mistakes. Read More …
Category: CPA Business Law Revison
CPA Business Law Revison
State how the equitable principle of utmost good faith is manifested in the daily operations of a partnership
State how the equitable principle of utmost good faith is manifested in the daily operations of a partnership ANSWER A partner may not engage in a competing business without the consent of other partners. A partner who makes a secret Read More …
Explain the ways in which a Partnership may be dissolved without a court order
Explain the ways in which a Partnership may be dissolved without a court order. ANSWER Performance of the undertaking. Completion of the undertaking Lapse of time-if the duration is fixed. At will: – a partner notifies the others of his Read More …
One of the principal duties of an agent is expressed the maxim “delegates non potest delegare.” State and identify five circumstances under which this rule or maxim does not apply.
One of the principal duties of an agent is expressed the maxim “delegates non potest delegare.” State and identify five circumstances under which this rule or maxim does not apply. ANSWER This maxim literally means that “delegates must not Read More …
Under Section 7 of the Hire Purchase Act Cap. 507, Laws of Kenya, certain provisions are deemed void if contained in a hire purchase agreement. Identify and explain five such provisions
Under Section 7 of the Hire Purchase Act Cap. 507, Laws of Kenya, certain provisions are deemed void if contained in a hire purchase agreement. Identify and explain five such provisions ANSWER A provision which authorizes the owner or any Read More …
State three circumstances under which the president may exercise prerogative of mercy
State three circumstances under which the president may exercise prerogative of mercy ANSWER Under the provisions of the Constitution the president is emto: Grant pardon to a convicted person either free or subject to lawful condition. Grant respite to Read More …
Name the criticism’s that have been leveled against delegate legislation as a source of law
Name the criticism’s that have been leveled against delegate legislation as a source of law ANSWER Criticism’s leveled against delegate legislation as a source of law It is argued that delegated legislation is not as democratic as statute law in Read More …
Distinguish between ratio decidendi and obiter dicta
Distinguish between ratio decidendi and obiter dicta ANSWER Ratio decidendi: Literally means reason for decision. This is a principle or proposition of law based on the material facts of the case. It disposes off the case before the court. It Read More …
Discuss the limitation of Islamic Law as a source of Law
Discuss the limitation of Islamic Law as a source of Law ANSWER It is recognized as a source of law of Kenya the constitution and the Kadhis Court Act. Its limitations include: It can only be relied upon in Read More …
Define the term “statute” and outline three categories of bills that may be presented to parliament to be enacted into law
Define the term “statute” and outline three categories of bills that may be presented to parliament to be enacted into law ANSWER “Statute” means an Act of Parliament or Legislation. This is law made parliament directly in exercise of Read More …