Questions

answer the following questions please

Question 6 (a) Explain the meaning of judicial precedent. (2 marks) (ii) Distinguish between a declaratory and future precedent. (4 marks) (b) Explain the difference between criminal law and civil law. (8 marks) (c) With the exclusion of Local Council and Magistrates Courts, explain the hierarchy in judicial authority of Courts in Uganda, starting with the lowest to the highest. (6 marks) (Total 20 marks)Mr. Wakooba was paid his salary arrears of Shs. 20 million. He decided to use part of the money to buy a car. He approached Kadogo to buy his Toyota Ipsum that he had driven for 3 years. The car was originally manual but Kadogo had changed its transmission system to automatic. This fact was not disclosed to Mr. Wakooba. The car had been involved in various accidents and was panel beaten and Sprayed to appear in good condition. Kadogo told Mr. Wakooba that the car was in perfect condition. They agreed on a price of Shs 12 million payable in cash. After 3 months. the car developed mechanical problems. Mr. Wakooba's mechanic discovered that the car's transmission system had been changed and it had been involved in several accidents. Mr. Wakooba is not happy and he needs your help. Meanwhile. Kadogo forged his father's signature and issued several promissory notes to his bank. The bank threatened to have Kadogo prosecuted. Fearing for the safety of his son. Ogono agreed and executed a mortgage in favour of the bank. Ogono has defaulted to meet the terms of the mortgage. In another development. SILIBA Contractors Ltd, a Chinese company is engaged in gold prospecting in Eastern Uganda. They advertised the posts of accountant and personnel officer for their company. in the advertisement they Specifically stated that only applicants who are Chinese, Koreans or Indians shall be considered. Mr. Wakooba who was interested in the job of accountant applied but was not shortlisted though he had all the requisite Qualifications and is highly expeenced. The same company last month terminated the services of Ngoja who was their personnel officer. The termination was based on grounds that during routine HIV testing of their staff, it was discovered that he was positive. Ogono. Wakooba and Ngoja are not happy and have approached you for advice. Required: Identify the legal issues involved and advise the parties accordingly. (20 marks) Kaparaga and his wife Kamapesa have been residents of Kalerwe for almost 30 years. Their neighbours are Kiturugunyu and Nseresezi. Recently. 60 year old Mansa bought land adjacent to Kaparaga's home. Mansa stays with his son. Kamapesa. a born again has been operating a church in their large compound for the last 25 year. The church attracts large crowds of worshippers who make a lot of noise that disturbs the neighbours. The neighbours are contemplating suing Kamapesa for nuisance. Someone has advised them to sue Kaparaga, the family head. 0n the other hand Mula, the son of Mansa who happens to be of unsound mind. built a house that obstructed the path to the borehole for the residents. He is threatening to harm anyone who passes through his compound to fetch water at the borehole. Nseresezi has embarked on legal action against Mansa because his son denied residents access to the borehole. When Mansa got the notice of intention to sue. he told them that his son was an adult, who can be sued for his acts. However. Nseresezi was reluctant to sue Mula because he is insane. In a related development, Kiturugunyu bought a state of the art television set. He tunes it to the maximum volume to the extent that it affects the studies of his neighbours' children. He has ignored their pleas to regulate the volume of his television set. They are all confused and do not know what to do. All the affected parties have sought your advise on law of torts. Required: Raise and resolve issues involved. (20 marks) Question 4 Dilu is a businessman in lshaka town. He owns several retail shops in the town. His neighbour. Zeyi has a 16 year old son. Muto, who attends school 5 km away from lshaka town. Zeyi has tailed to raise school tees for his son. Out of his own initiative, Muto approached Dilu for work to enable him raise the school fees. Dilu offered him employment as a sale person in his shop. He would be paid tor work done every weekend and any three weekday evenings. Mute was committed to work despite being tired from the long walk to and from school. Dilu realized that Muto needed fast means of transport, he entered into further agreement with Muto, Dilu provided a brand new motorcycle for Muto's transport to school and work. The cost of the motorcycle would be deducted from Muto's earnings over time. Unknown to Dilu, Muto sometimes travelled to and from school on his father's old motorcycle. Two months later. Muto exchanged with Kulu the new motorcycle for a used car Kulu is a special hire driver who works along the same road to Muto's school. Muto's plan was to own a special hire car that would bring in more money and enable him start his own business. Unfortunately, the car mallunctioned after one month. Muto is fUl'iOUS and is demanding 10f his motorcycle back. Meanwhile, Dilu has now noticed the absence of the new motorcycle. He is demanding for it since Muto is now irregular at work. In order to save his son from trouble. Zeyi negotiated with Dilu and agreed to sell his small. Dilu has mobilised materials to construct another shop on the plot of land but Zeyi has stopped him. arguing that he did not sell his land. Required: Identify the relevant issues and resolve them. (20 marks) Question 5 (a) Explain the meaning of the term an agency. (2 marks) (b) Outline the main reasons for creation of an agency relationship. (2 marks) (c) Explain the rights and duties of an agent. (16 marks) (Total 20 marks)