Question
1.'The Human Rights Act 1998 has significantly affected the role of the judiciary in relation to the interpretation of legislation. As a result, judges have
1.'The Human Rights Act 1998 has significantly affected the role of the judiciary in relation to the interpretation of legislation. As a result, judges have to walk a very thin line between statutory interpretation and statutory alteration. On several occasions, the judiciary have stepped over this line.' Discuss.
2. Where the assured is so situated that the happening of the event of which the insurance money is to become payable would, as approximate cause, involve the assured in the loss or diminution ofany right recognized by law, or in any legal liability, there is an insurable interest in the happening of the event to the extent of the possible loss or liability.
Describe six clauses of persons who are deemed to have an insurable interest in a subject matter of insurance.
3.0ne of the principles of insurance is utmost good faith under which disclosure is essential.
Highlight some of the facts which needs not be disclosed by the insurer or insured
4.Summarise three ways of terminating a banker- customer relationship.
5.Hannah has received a document in her office which she is unable to identify. The document is dated 1 October 2017, written in Nairobi and addressed to Hannah by peris in the following words.
Ten days after sight, pay to my order sh. 20,000 for value received
Required.
State the name of the document.
Identify the three parties, in legal terms, to the above document.
Highlight six essentials of the above document.
6. With reference to negotiable instruments.
Highlight four types of endorsement that could be used on a bill of exchange.
Summarize three ways through which a bill of exchange might be discharged.
7.Explain five circumstances when the authority of a banker to pay a cheque drawn on his bank is terminated.
8.Highlight the conditions that a person must satisfy in order to qualify as a holder in due course.
Explain three duties of a bank to its customers.
9.State two differences between a cheque and a bill of exchange.
10. Isaka has an account with tahidi bank which he has been operating in a very unsatisfactory manner. He is fond of countermanding payment of his cheques whenever there are insufficient funds to honour payment
Tahidi bank has mistakenly ignored isaka stop notice and returned his cheque with remarks 'refer to drawer'.
Analyze the relevant legal principles applicable in the above case, and advise isaka who intends to sue tahid
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