Agency – Questions and Answers

Subject Title: Introduction to Law and Governance Revision Kit

TOPIC: Agency

QUESTION 1
April 2023 Question Three C
Describe FIVE specific agents under the Law of Agency. (10 marks)

QUESTION 2
December 2022 Question Four A
Outline FIVE conditions that are necessary for agency by ratification to arise. (5 marks)

QUESTION 3
August 2022 Question Three C
Describe five conditions necessary for the doctrine of estoppel to apply. (5 marks)

QUESTION 4
August 2022 Question Three D
Explain the personal liability of an agent. (5 marks)

QUESTION 5
August 2022 Question Five B
State three conditions which must be satisfied for a commercial agency to arise.
(6 marks)
QUESTION 6
April 2022 Question Six A
Describe six rights of a principal whose agent makes a secret profit or takes a bribe from a third party with whom he contracts on behalf of the principal. (6 marks)

QUESTION 7
December 2021 Question Five B and C
(b) Summarise five conditions necessary for ratification of an agenc (5 marks)
(c) Outline five ways through which an agency might be created. (5 marks)

QUESTION 8
December 2021 Pilot Paper Question Two B
Explain five circumstances when an agent can be held personally liable. (5 marks)

QUESTION 9
May 2021 Question Five C
Summarise six circumstances under which the principal might unilaterally cancel an agency relationship without being liable to the agent for breach of contract.
(6 marks)
QUESTION 10
May 2021 Question Seven B
(i) Outline four essential ingredients of the concept of strict liability. (4 marks)
(ii) Highlight three exceptions to the rule of strict liability. (3 marks)

QUESTION 11
November 2020 Question Six A
With specific reference to the law of agency:
(i) Outline four circumstances under which an agent may be held personally liable to third parties. (4 marks)
(ii) Explain four ways in which an agency relationship may terminate. (8 marks)

QUESTION 12
November 2019 Question Six B
Highlight four circumstances in which the principle of “delegate non potest delegare” does not apply in the law of agency. (4 marks)

QUESTION 13
May 2019 Question One B and C
(a) Explain four features necessary for agency of necessity to exist. (4 marks)
(b) Describe three types of authority that an agent has. (6 marks)

QUESTION 14
November 2018 Question Four B
Explain five circumstances under which an agent’s action which was initially unauthorised might be subsequently ratified by his principal so as to become binding.
(10 marks)
QUESTION 15
November 2018 Question Five A
Ukulima Limited created the position of managing director but no one was appointed to the position. Brian Bundi, a director, with the knowledge of the other directors, purported to act as the Managing Director and hired Mjengo Limited to do some work for the company. Mjengo Limited has now demanded for payment for the work done but Ukulima Limited has refused to pay stating that Brian Bundi had no authority to act on the company’s behalf.

Advise Mjengo Limited on the legal position. (8 marks)

QUESTION 16
May 2018 Question Two C
One of the important legal maxims in the application of the law of agency is expressed as: VA delegate cannot further delegate”.

In relation to the above statement, discuss five circumstances under which an agent might appoint a sub-agent. (10 marks)

QUESTION 17
November 2017 Question Two A
With reference to the law of agency:
(i) Distinguish between a “special agent” and a “general agent”. (2 marks)
(ii) Highlight five conditions which must be fulfilled for a principal to effectively ratify the acts of an agent.  (5 marks)
(iii) Outline three obligations of an agent to the principal. (3 marks)

QUESTION 18
May 2017 Question Two B
(i) Explain three conditions that should be fulfilled for agency by necessity to arise.
(6 marks)
(ii) Identify two circumstances when an agency relationship might come to an end by an act of the parties. (6 marks)

QUESTION 19
November 2016 Question Two B
Identify ten fiduciary duties imposed on an agent when acting primarily on behalf of a principal. (10 marks)

QUESTION 20
November 2016 Question Six A
Explain three duties of a bailee in a bailment. (6 marks)

QUESTION 21
May 2016 Question Five C
Describe three conditions necessary for a valid ratification in the law of agency.(6 marks)

QUESTION 22
May 2016 Question Seven C
Describe five remedies of a principal for an agent’s breach of duty. (10 marks)

QUESTION 23
November 2015 Question Two A
Explain five rights of an agent. (10 marks)

QUESTION 24
Pilot paper 2015 Question Two C
State three rights available to a person who agrees to be answerable for the default or miscarriage of another party (6 marks)

QUESTION 25
Pilot paper 2015 Question Five A
(i) Distinguish between “actual authority” and “ostensible authority” of an agent.
(2 marks)
(ii) An agent must not delegate powers that have been delegated to him.
Explain four exceptions to this rule. (4 marks)

QUESTION 26
Pilot paper 2015 Question Seven C
In relation to the law of agency, explain the following:
(i) Del credere agent. (2 marks)
(ii) Factor agent. (2 marks)
(iii) Two circumstances when the principal is not allowed to unilaterally terminate an agency contract. (4 marks)

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