Home/COMMERCIAL AND ADMINISTRATIVE LAW/Page 2
  1. Asked: January 20, 2023In:

    In relation to the law of carriage, highlight four duties of a common carrier. (8 marks)November 2022

    Best Answer
    Jemshah Enlightened

    Duty of care: A common carrier has a duty of care to take reasonable steps to protect the goods or passengers in its care from damage or loss. Duty of safe carriage: A common carrier has a duty to provide safe and suitable transport for the goods or passengers in its care. Duty of delivery: A commonRead more

    1. Duty of care: A common carrier has a duty of care to take reasonable steps to protect the goods or passengers in its care from damage or loss.
    2. Duty of safe carriage: A common carrier has a duty to provide safe and suitable transport for the goods or passengers in its care.
    3. Duty of delivery: A common carrier has a duty to deliver the goods or passengers to the correct destination and to the correct person, as per the agreement.
    4. Duty of communication: A common carrier has a duty to keep the shipper informed of the progress of the carriage and to provide information about the goods or passengers being transported.
    5. Duty of inspection: A common carrier has a duty to inspect the goods or passengers before accepting them for carriage to ensure that they are suitable for transportation and to check for any damages that may have occurred during transit.
    6. Duty of compliance: A common carrier has a duty to comply with all relevant laws and regulations related to the carriage of goods or passengers.
    7. Duty of liability: A common carrier is liable for any damage or loss that occurs during the carriage of goods or passengers, unless the damage or loss is caused by an act of God, the shipper, or a third party.
    8. Duty of indemnification: A common carrier is responsible for indemnifying the shipper for any loss or damage to the goods or passengers unless they can prove that it was not their fault.
    See less
    • 0
  2. Asked: January 20, 2023In:

    Outline six differences between a cheque and a bill of exchange. (12 marks)November 2022

    Best Answer
    Jemshah Enlightened

    Issuer: A cheque is issued by an individual or organization that has an account with a bank, whereas a bill of exchange is issued by a seller (drawer) of goods or services to a buyer (drawee). Purpose: A cheque is primarily used to make payments for goods and services, whereas a bill of exchange isRead more

    1. Issuer: A cheque is issued by an individual or organization that has an account with a bank, whereas a bill of exchange is issued by a seller (drawer) of goods or services to a buyer (drawee).
    2. Purpose: A cheque is primarily used to make payments for goods and services, whereas a bill of exchange is used as a means of credit and is often used in trade transactions.
    3. Signatories: A cheque is signed by the account holder, whereas a bill of exchange requires the signature of both the drawer and the drawee.
    4. Negotiability: A cheque is a negotiable instrument, which means that it can be transferred to a third party and is payable to the bearer. A bill of exchange is an order instrument, it is not negotiable, it is payable to the order of a specific person.
    5. Time of payment: A cheque is payable on demand, whereas a bill of exchange has a specific maturity date, after which it is payable.
    6. Acceptance: A cheque does not require acceptance, whereas a bill of exchange requires acceptance by the drawee.
    7. Endorsement: A cheque requires endorsement by the person to whom it is payable, whereas a bill of exchange does not require endorsement.
    8. Discharge: A cheque is discharged when it is paid or when it is dishonored, whereas a bill of exchange is discharged when it is accepted, paid or when it is dishonored.
    9. Liability: In case of dishonor of a cheque, the drawer is liable, whereas in case of dishonor of a bill of exchange, the drawer and the drawee are jointly and severally liable.
    10. Legal framework: Cheques are governed by the laws of negotiable instruments and the laws of banking, whereas bills of exchange are governed by the laws of contracts
    See less
    • 0
  4. Asked: January 20, 2023In:

    Highlight five circumstances under which a court may wind up a partnership business.(10 marks)November 2022

    Best Answer
    Jemshah Enlightened

    Expiration of the partnership term: If the partnership agreement specifies a term for the partnership, and that term has expired, the court may wind up the partnership business. Mutual agreement of the partners: If all the partners mutually agree to wind up the partnership business, the court may apRead more

    1. Expiration of the partnership term: If the partnership agreement specifies a term for the partnership, and that term has expired, the court may wind up the partnership business.
    2. Mutual agreement of the partners: If all the partners mutually agree to wind up the partnership business, the court may approve the dissolution and wind up the partnership.
    3. Insolvency of the partnership: If the partnership is unable to pay its debts, the court may wind up the partnership business on the grounds of insolvency.
    4. Death or incapacity of a partner: If a partner dies or becomes incapacitated, the court may wind up the partnership business, unless the partnership agreement provides otherwise.
    5. Misbehavior of a partner: If a partner is guilty of misconduct, such as fraud, embezzlement, or gross negligence, the court may wind up the partnership business on the grounds of misconduct.
    6. Material Breach of Partnership Agreement: If a partner breaches a material term of the partnership agreement, the court may wind up the partnership business on the grounds of breach of contract.
    7. Change in circumstances: If circumstances have changed so substantially that the partnership can no longer carry on business advantageously, the court may wind up the partnership business.
    See less
    • 0
  5. Asked: January 20, 2023In:

    Explain five disadvantages of delegated legislation as a source of law. (10 marks)November 2022

    Best Answer
    Jemshah Enlightened

    Delegated legislation, also known as secondary legislation, refers to laws made by government agencies or other bodies that have been authorized to make laws by the legislature. Here are some disadvantages of delegated legislation as a source of law: Lack of democratic accountability: Delegated legiRead more

    Delegated legislation, also known as secondary legislation, refers to laws made by government agencies or other bodies that have been authorized to make laws by the legislature.

    Here are some disadvantages of delegated legislation as a source of law:

    1. Lack of democratic accountability: Delegated legislation is often made by government agencies or other bodies that are not directly accountable to the public. This can make it difficult for citizens to hold these bodies accountable for the laws they make.
    2. Lack of public participation: The process of making delegated legislation is often less transparent and less open to public participation than the process of making primary legislation. This can make it difficult for citizens to have their voices heard and to influence the content of the laws.
    3. Limited judicial review: The courts often have limited power to review delegated legislation, which can make it difficult for citizens to challenge the laws made by these bodies.
    4. Technical complexity: Delegated legislation is often highly technical and difficult for the general public to understand. This can make it difficult for citizens to know their rights and responsibilities under the law.
    5. Lack of consistency: Delegated legislation can vary widely from one government agency or body to another, making it difficult for citizens to understand the law and comply with it.
    6. Lack of flexibility: Delegated legislation can be inflexible and may not adapt easily to changing circumstances, making it difficult to update or change the law as needed.
    7. Lack of parliamentary control: Delegated legislation is not subject to the same level of scrutiny and control as primary legislation, which can lead to less oversight over the laws made by government agencies or other bodies
    8. Lack of coherence: Delegated legislation can be contradictory to primary legislation and other delegated legislation, creating confusion and legal uncertainty.
    See less
    • 0