Law of contract – Questions and Answers

Subject Title: Introduction to Law and Governance Revision Kit

TOPIC: Law of contract

QUESTION 1
April 2023 Question Three A
With reference to Law of Contract, explain the following terms:
(i) Void contract. (2 marks)
(ii) Punitive damages. (2 marks)

QUESTION 2
April 2023 Question Three B
With regards to the Law of Contract, state SIX rules of revocation of an offer. (6 marks)

QUESTION 3
April 2023 Question Five A
Mariana was travelling from Nairobi to Mombasa by a bus operated by Safina Travellers Bus Company. At the booking office, she paid her fare for the journey including a charge for the luggage she was carrying and was issued with a ticket. On the rear side of the ticket, were warnings to the travellers that the safety of their luggage was solely their business and that if any luggage got lost, the bus company would not be liable for such loss. Upon arrival in Mombasa, Mariana could not find her luggages and raised the issue with Safina Travellers Bus Company management who denied any responsibility and referred her to the clauses in the ticket.

Advise Mariana on her rights in the circumstances. (6 marks)

QUESTION 4
December 2022 Question One A
With reference to the law of contract, state FOUR circumstances under which a court might nullify or mitigate the hardship created by an exemption clause. (4 marks)

QUESTION 5
December 2022 Question Three A
In relation to the law of contract:
(i) Define the term “consideration”. (2 marks)
(ii) Outline FOUR circumstances in which a contract might be frustrated. (4 marks)

QUESTION 6
August 2022 Question Three A
Discuss four cases where a court cannot grant the remedy of specific performance.
(8 marks)
QUESTION 7
April 2022 Question Four B
Describe five ways in which an offer might be terminated. (10 marks)

QUESTION 8
December 2021 Question Three B
In the context of the law of contract:
(i) Highlight four instances when past consideration will be sufficient to support a contractual claim. (4 marks)
(ii) Provide six examples of contracts that are illegal at common law. (6 marks)

QUESTION 9
December 2021 Pilot Paper Question Five A
Discuss five offences against a person as a result of tampering with electronic documents relating to contracts. (10 marks)

QUESTION 10
August 2021 Question Five A
With reference to the law of contract, discuss five rules governing acceptance of an offer.
(10 marks)
QUESTION 11
May 2021 Question Five A and B
(a) Explain three ways in which terms might be implied in a contract. (6 marks)
(b) On 20 January 2021, Joseph Mita entered into a written agreement with Zoa Juma in which Zoa Juma agreed to smuggle some goods into the country for Josheph Mita by the end of March 2021. Joseph Mita promptly paid Zoa Juma the agreed consideration of Sh.500,000 in full, but Zoa Juma has reneged on the deal. Joseph Mita feels aggrieved and intends to sue Zoa Juma.

Analyse the legal principles applicable in the above case and advise Joseph Mita accordingly. (8 marks)

QUESTION 12
May 2021 Question Seven C
In the context of the law of contract, explain the meaning of the following terms:
(i) Discharge. (2 marks)
(ii) Termination. (2 marks)
(iii) Puff. (2 marks)
(iv) Representation. (2 marks)

QUESTION 13
November 2020 Question Three B
(i) Explain the difference between an “offer” and “invitation to treat” (2 marks)
(ii) Samuel Leo made an offer to purchase David Kesho’s car. However, David Kesho upon accepting the offer was informed by Samuel that the offer was terminated. David did not understand how that was possible.

Advise David on the various ways in which an offer could be terminated.
(10 marks)
QUESTION 14
November 2019 Question Three A
In relation to the law of contract:
i. Explain three rules that govern the measure of damages for breach of contract.
(6 marks)
ii. Alex agreed to paint Angela’s house at an agreed contract price. When Alex had finished the work, Angela discovered that although most of the painting was satisfactory, Alex had forgotten to apply a coat of gloss paint on one of the doors. Alex fell sick and could not complete the work:
Angela has refused to pay Alex the contract price claiming that he has not completed the work.

Advise Alex on the legal position. (8 marks)

QUESTION 15
May 2019 Question Three B and C
(a) In relation to the law of contract, explain four elements of an enforceable contract.
(4 marks)
(b) Examine the principles relating to contractual capacity of minors. (6 marks)

QUESTION 16
November 2018 Question Two D
State four advantages of unincorporated associations. (4 marks)

QUESTION 17
November 2018 question Three C
Identify four grounds upon which a valid treaty might be invalidated under international law. (4 marks)

QUESTION 18
November 2018 Question Six A
In relation to the law’ of contract, explain four ways in which a contract might be discharged. (8 marks)

QUESTION 19
May 2018 Question Seven C
Summarise three ways of terminating a banker-customer relationship (6 marks)

QUESTION 20
May 2017 Question One A
Alex Kombo entered into a five year written lease agreement for office premises with Mercy Omagwa. After the end of the lease period, the parties agreed that Mercy Omagwa would continue occupying the office premises for another five years. On that basis, Mercy Omagwa made extensive renovations to the office premises. She installed new carpets, painted the premises and put in a new heating system.

Alex Kombo later changed his mind and told Mercy Omagwa to vacate the office premises claiming that the lease agreement has expired.

With specific reference to promissory estoppel in the law of contract, advise Mercy Omagwa on her legal rights. (10 marks)

QUESTION 21
May 2017 Question Three C
One of the remedies available on breach of contract is action for specific performance. However, there are cases when the remedy might or might not be granted.

With reference to the above statement, identify three cases when specific performance might be granted and three cases when it might not be granted. (6 marks)

QUESTION 22
November 2016 Question Three A
Summarise four ways in which a contract might be discharged by operation of the law.
(8 marks)
QUESTION 23
May 2016 Question Three B
Explain four essential elements of an enforceable contract. (8 marks)

QUESTION 24
November 2015 Question Three A
Discuss five remedies available whenever there is a breach of contract. (10 marks)

QUESTION 25
Pilot paper 2015 Question Four A
The parties to a contract must precisely perform their obligations on the contract otherwise the contract shall not be discharged.

Highlight four exceptions to the general rule of precise performance. (8 marks)

QUESTION 26
Pilot paper 2015 Question Five B
(i) Highlight two differences between “law of tort” and “law of contract”. (4 marks)
(ii) Explain three provisions of the limitation of actions Act in relation to contracts.
(6 marks)

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