Business Law (LAWC3107)
Higher Institute of Commerce and Management (HICM)
Semester: First Semester
Level: 300
Year: 2013
UNIVERSITY OF BAMENDA
HIGHER INSTITUTE OF COMMERCE AND MANAGEMENT
BUSINESS LAW (LAW 207) LEVEL 200
FIRST SEMESTER - ACADEMIC YEAR 2012/2013
EXAMINATION QUESTIONS (2 HOURS)
N.B. ANSWER ANY TWO QUESTIONS
BUT YOU MUSI ONE QUESTION (FROM EACH SECTION)
SECTION A
Q.1
a)
What is the definition of a contract under English Law? (3 marks)
b)
Outline and explain the two types of contract under English Law. (3 marks)
c)
Distinguish between an offer and an invitation to treat with examples. (3 marks)
d)
(i)
Who has the capacity to contract under the law? (1 mark)
(ii) Name those categories of people under the law who cannot enter into a contract and explain why they cannot
contract under those circumstances'? (2 marks)
e)
(i) What are the three major requirements under English Law to be satisfied before a validly binding contract
can come into existence? (1
marks)
(ii) Name the vitiating or negative factors that can jeopardize the validity and enforceability of a contract. (1
marks)
f)
(i) Name the various ways through which a contract can be discharged or terminated (1 mark)
(ii) What are the legal and equitable remedies available to an innocent party who has suffered breach of
contract? (l'/2 mark)
Q.2
State and explain the fundamental legal requirements that must exist for contract to come into being. (17
marks)
Q. 3
What do you understand by the doctrine of privity of contract under English Law and are there any exceptions to
this doctrine? Discuss (17
marks)
Q.4
a)
What is the difference between a .contract of service and a contract for service under the Cameroon Labour
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Code? (2
marks)
b)
A and B entered into a written contract of employment in December 1998 for a period of 15 years wherein A
was a cashier in B's supermarket (“the employer”) and B paid A’s wages directly. The contract stated that in
case of termination of employment by either party 3 months' written notice must be given by the party seeking
to terminate the employment to the other party and that the employer can pay the employee in place of notice.
This supermarket was located at Commercial Avenue, Bamenda and, A worked for B for 10 years and was
summarily dismissed from his employment without notice on suspicion of cash shortage at the till where he was
in control.
Advice A under the following circumstances whether he has any legal rights:
(i)
A was sacked having been caught stealing monies from the till (3 marks)
(ii)
A has been complaining to his bosses about the cash shortages but no action was ever taken (3 marks)
(iii)
If A did not or hasn’t been stealing from the cash till, was he entitled to notice?
(3 marks)
(iv)
Assuming that A never stole from the till and the employer wanted him to leave, could the employer
have paid him in lieu of notice? (3 marks)
(v)
What type of contract was A under and if A was dismissed without notice, was he entitled to any legal
remedy and where could he have commenced the labour dispute? (3 marks)
END
GOOD LUCK
COURSE INSTRUCTORS - M R. DIVINE DOBG1M A & MME.JS1DONIE
MME. SIDONIE WILL SET THE QUESTIONS FOR SECTION B WHERE YOU MUST ALSO
ANSWER ONE QUESTION FROM THAT SECTION.
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