1.

The sources of law in Kenya as provided in the judicature reflect legal

development of the country from colonial period to the present. Discuss.
[20marks]
2. Discuss the remedies available to a person who claims that the other
party to a contract has failed to perform his/her obligations. [20marks]
3. . Distinguish between the following torts setting out the essential
elements of each.
i) Tort of negligence
ii) Tort of nuisance
iii) Tort of defamation [20marks]
4. a) What in your opinion is the difference between a tort and a contact.
[10marks]
b) State the various elements of a valid contract. [10marks]
5. Mr. Abuko put up an advertisement on a local Newspaper for a sale of
a motor car Ksh.380,000. He gave a number through which interested
persons may reach him. Y called on the following day and said that he
accepted to buy the car at the stated amount. In the meantime however,
Mr. Abuko had changed hismind and decided to give the car to niece as
a gift. However, hes yet to transfer the car to Carol on the basis of the
promise to Carol, Carol who is 16 years old has offered to sell the car to
Hemed for Ksh.250,000.
Advice the parties as to any legal issues arising. (20 marks)
6. All contrasts are agreement but not all agreements are
contracts.Discuss
[20 marks]
7. a) State and discuss the various elements of a valid contract. (15marks)
b) Differentiate between the various forms of misrepresentation.
(10marks)
8. Distinguish between:
a) coercion and undue influence ( 3 Marks)
b) guarantee and indemnity (5 Marks)

c) Sale and agreement to sell (7 Marks)

d) Legal rules and moral rules (5 Marks)
9. Discuss in detail the general defences available I the law of tort (20
marks
10.
a) Distinguish between a special agent and a general agent. (4
marks)
b) Ratification is where the principal adopts an unauthorized act of his
agent as his own. What are the conditions which must be fulfilled for the
ratification to be effective? (8 marks)
What are the duties of a principal towards the agent? (8 marks)

11.a)Explain five types of offers and discuss how an offer can be

terminated. (10 marks)
b)"For a complainant to determine a case appropriately they have to
consider the hierarchy of the court".discuss (10 marks)
12.
Explain and show the hierarchy of the various courts established
under the constitution of Kenya and state the nature of cases they are
mandated to handle. (10marks)
Write short notes on any two of the following:
a) Criminal Law and Civil Law as classification of law (5marks)
b) Grounds for discharge of contract (5marks)
13.
What are the major classifications of law and what are the
conditions necessary for customary law to be enforceable? [10marks)
Discuss the following concepts in the law of contract and explain their
relevance in the formation of a valid enforceable contract by courts of law.
i) Offer (5marks)
ii) Acceptance (5marks)

14.
Law is broadly defined as a set of enforceable rules and principles
intended to regulate and guide human conduct. Using relevant
examples, explain FIVE key functions of law. (10marks)
Discuss the various modes of creation of an agency. (10marks)
15.
(a). Administration of Justice in Kenya gives us the structure of
Courts in Kenya in a pyramid form. Taking into account this structure of
Courts in Kenya, briefly EXPLAIN the various kinds of jurisdiction of our
various Courts in Kenya clearly demonstrating their (courts)
powers/authority and relationship with each other.(10 Marks)
(b). Law has been divided into different branches/classes for easy
management and administration of the same.Briefly EXPLAIN 4 main
branches of law most prevalent in our Courts in Kenya, clearly
bringing out various differences between them.(10 Marks)
16.
Daudi hired Mambos rooms for a series of lectures. Mambo
however, discovered that the lectures to be conducted would be of
seditious nature. He then refused to allow Daudi to use the rooms for
the said lectures. Discuss the legal consequences of Mambos actions.
(5marks)
Discuss the essential features of a valid contract. (15marks)
17.
(a) What defenses if any are open to defendant in an action for
negligence (10 marks)
(b) Brian an infant has obtained a bank overdraft by pretending that he
was over 18 years. The Bank has informed his father that unless the
overdraft is repaid, they will prosecute Brian for money obtained by
deception. In great distress they father executes a deed to repay .Is he
liable? (5marks)
Examine and briefly discuss the agency of necessity (5 marks)
18.
a. Explain the rules that govern the acceptance of an offer. [6
Marks]
b. Mike writes to Peter I will sell you my car for Kshs. 500,000. If I hear
nothing from you before next Saturday, I will take it that you have

accepted Peter does not reply by Saturday. Mike is now threatening to

sue Peter for breach of contract to buy the car. Advice Peter. [5Marks]
c. Explain two differences between.
(i) Tort and Crime [ 2Marks]
(ii) Criminal wrong and Civil wrong. [ 2Marks]
d. Highlight five purposes of the law in Kenya. [5Marks]
19.
i) Explain what consideration is as used in law of contract and
briefly elaborate on four rules
of consideration (10mks)
ii) An agent is deemed to be acting on behalf of the principal. However,
certain
circumstances make the agent personally liable for his actions and not
the principal.
Explain (10mks)
20.
Discuss the various ways in which an offer can be terminated (10
marks)
Discuss five general defenses in tort. [10 Marks]