Chapter 3 assessment questions

QQ1

1.Doctrine of separation of powers entails the powers of three organs of the state and must be clearly described in the constitution and they are to be exercised by different persons as laid in the constitution. Therefore, state four functions of executive.

2.With reference to the law of tort, defamation is the publication of a statement which reflects on a person's reputation and tends to lower him in the estimation of right-thinking members of the society. Discuss three essential aspects of the defense of fair comment in an action of defamation.

3.In administrative law, there are so many ways of so many ways of dispute resolution; arbitration as one of them is the settlement of any commercial dispute between two parties by one or more persons called the arbitrator. List six advantages of using arbitration in reaching a settlement in commercial disputes.

4.An insurance contract is where an insurer undertakes, in consideration for a sum of money known as premium paid by insured on happening of a specified future event. Elaborate on ways in which an insurance contract may come to an end or terminate.

5.Guarantee contract is when a guarantor signifies that he will be held liable if the principal debtor fails to pay the creditor. Outline four ways in which surety might be discharged from a contract of guarantee.

QQ2

1.One of the important legal maxims in the application of the law of agency is expressed as;" A delegate cannot further delegate." In relation to the above statement, discuss five circumstances under which an agent might appoint a sub agent.

2.The hire purchase act implies some terms in every hire purchase agreement. One of these terms is merchantability. This is a condition that the goods are of merchantable quality unless they are second hand. There are however some instances when this condition may be dispensed with. Outline two of the instances when merchantability may be dispensed with.

3.In law of agency, it mainly focuses on the relationship between the principal and the agent who acts on his behalf; therefore, explain three conditions that should be fulfilled for agency by necessity to arise.

4.A partnership is a contract based on more than two people with different business idea coming together. Summarize four conditions that must be met before a partner in a firm could bind other partners in transactions with third parties.

5.Environment and land are emerging issues and trends in the state economy due to so discuss four areas of jurisdiction of the environment and land court in your country.