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CPA
Foundation Leval
Introduction to Law and Governance December 2021
Suggested Solutions

Introduction to Law and Governance
Revision Kit

QUESTION 1a

Q Describe two advantages that unwritten law has over written law.
A

Solution


Advantages of Unwritten Law over Written Law


In the context of common law systems, "unwritten law" often refers to the common law and equity, which are developed through judicial decisions, while "written law" typically refers to statutes and legislation.

1. Flexibility and Adaptability


  • Unwritten Law: Common law and equity are flexible and adaptable. They evolve through judicial decisions, allowing the legal system to respond to changing circumstances and societal needs without the need for constant legislative amendment.
  • Written Law: Statutes may be rigid and may require lengthy and formal procedures for modification. This can make it challenging to adapt to rapidly changing social, economic, or technological conditions.

2. Development through Precedent


  • Unwritten Law: Common law and equity develop through precedent, with decisions in previous cases influencing future rulings. This allows for a consistent and evolving body of legal principles.
  • Written Law: Statutes are created through legislative processes, and while they provide clear rules, they may lack the nuanced development that comes from the accumulation of judicial decisions over time.

3. Case-Specific Consideration


  • Unwritten Law: Judicial decisions in common law systems consider the specific facts and circumstances of each case. This allows for a more tailored and nuanced approach to justice.
  • Written Law: Statutes are often general and may not address every possible scenario. This can lead to ambiguity and may require interpretation by the courts, resulting in case-by-case development.

4. Evolutionary Nature


  • Unwritten Law: The common law system evolves over time as judges interpret and apply legal principles to new situations. This evolutionary nature allows for the gradual development of legal doctrines.
  • Written Law: Amendments to statutes may be required to address legal gaps or changes, but the legislative process can be time-consuming and may not keep pace with the dynamic nature of societal developments.




QUESTION 1b

Q Identify five factors that are likely to undermine the rule of law..
A

Solution


Factors Undermining the Rule of Law


  1. Corruption

    Definition: The abuse of power for personal gain or the misuse of public office for private benefit.

    Impact: Corruption erodes public trust in institutions, compromises the impartiality of legal processes, and allows for preferential treatment based on bribery or influence.

  2. Arbitrary Enforcement

    Definition: Inconsistent application of laws, where authorities selectively enforce or ignore certain laws without clear justification.

    Impact: Arbitrary enforcement undermines the predictability and fairness of legal systems, leading to unequal protection of rights and unequal treatment under the law.

  3. Political Interference

    Definition: The interference of political authorities in legal processes or judicial decision-making.

    Impact: Political interference compromises the independence of the judiciary, jeopardizes the separation of powers, and undermines the rule of law.

  4. Discrimination and Inequality

    Definition: Unequal treatment of individuals or groups based on characteristics such as race, gender, or socioeconomic status.

    Impact: Discrimination and inequality erode confidence in the legal system and violate the principle of equal protection under the law.

  5. Lack of Access to Justice

    Definition: Barriers that prevent individuals from accessing legal remedies or participating in the legal process.

    Impact: Limited access to justice undermines the rule of law by denying individuals their rights and perpetuating social injustices.

  6. Suppression of Free Speech

    Definition: Actions that restrict or censor freedom of expression, including media censorship and limitations on public discourse.

    Impact: Suppression of free speech undermines transparency, stifles public debate, and hinders accountability, weakening the rule of law.

  7. Unaccountable Law Enforcement

    Definition: Lack of accountability for law enforcement agencies and officials, leading to abuses of power.

    Impact: Unaccountable law enforcement undermines public trust, promotes impunity, and can result in violations of individual rights.

  8. Unchecked Executive Powers

    Definition: Concentration of excessive powers in the executive branch without effective checks and balances.

    Impact: Unchecked executive powers can lead to authoritarianism, disregard for legal constraints, and erosion of the rule of law.

  9. Opaque Legal Processes

    Definition: Lack of transparency in legal proceedings, including closed-door hearings and secretive decision-making.

    Impact: Opaque legal processes diminish public confidence, hinder accountability, and contribute to perceptions of corruption within the legal system.

  10. Impunity for Human Rights Violations

    Definition: Lack of accountability for individuals or entities responsible for human rights abuses.

    Impact: Impunity undermines the rule of law by allowing perpetrators of human rights violations to go unpunished, perpetuating a culture of lawlessness.




QUESTION 1(c)

Q Explain six grounds for judicial review.
A

Solution


Grounds for Judicial Review


Judicial review is a process through which a court examines the lawfulness of a decision or action made by a public body. There are several grounds upon which a decision may be subject to judicial review. These grounds include, but are not limited to:

  • Illegality: The decision-maker has acted beyond their legal powers or has misinterpreted the law.
  • Irrationality: The decision is so unreasonable that no reasonable authority could ever have come to it.
  • Procedural Impropriety: There were errors or unfairness in the decision-making process, such as a failure to follow proper procedures.
  • Legitimate Expectations: A person has a legitimate expectation as a result of a promise or consistent past practice, and the decision frustrates that expectation without good reason.
  • Proportionality: The decision is disproportionate in relation to the desired outcome or goes beyond what is necessary to achieve a legitimate aim.
  • Error of Law: The decision contains a legal error, such as a misinterpretation or misapplication of the law.
  • Bad Faith: The decision-maker acted with dishonesty, bias, or improper motive.
  • Failure to Consider Relevant Factors: The decision-maker failed to consider important factors relevant to the decision.
  • Unreasonableness in Wednesbury Sense: The decision is so unreasonable that it is considered "Wednesbury unreasonable," referring to the famous legal standard established in the case of Associated Provincial Picture Houses Ltd v Wednesbury Corporation.




QUESTION 1(d)

Q Highlight five purposes of the writ of habeas corpus.
A

Solution


Purposes of the Writ of Habeas Corpus


The writ of habeas corpus serves several important purposes in safeguarding individual liberties and ensuring justice. It is a legal order that requires a person who is detained to be brought before a court or judge. The primary purposes of the writ include:

  1. Protection against Unlawful Detention: Habeas corpus acts as a fundamental safeguard against arbitrary and unlawful detention. It ensures that individuals are not held in custody without proper legal authority.
  2. Prevention of Torture and Ill-Treatment: The writ helps prevent torture, inhuman treatment, or any form of custodial abuse by providing a prompt judicial review of a person's detention.
  3. Ensuring Due Process: Habeas corpus is essential for upholding the principles of due process by allowing individuals to challenge the legality of their detention and ensuring a fair and impartial hearing.
  4. Protection of Individual Freedom: It serves as a crucial mechanism for protecting individual freedom and liberty, preventing arbitrary government actions that may infringe upon personal rights.
  5. Checking Executive Power: The writ acts as a check on the power of the executive branch, ensuring that government officials do not abuse their authority by unlawfully imprisoning individuals.
  6. Effective Judicial Review: Habeas corpus provides an avenue for effective judicial review, allowing the judiciary to assess the legality of detention and intervene if necessary to protect individual rights.




QUESTION 2(a)

Q Describe the jurisdiction and composition of

(i) The International Court of Justice.

(ii) The Supreme Court.

(iii) Court of Appeal.
A

Solution


Jurisdiction and Composition of Courts


(i) International Court of Justice (ICJ)


The International Court of Justice (ICJ) is the principal judicial organ of the United Nations. It has the following characteristics:

  • Jurisdiction: The ICJ has jurisdiction to settle legal disputes between states and to give advisory opinions on legal questions referred to it by the UN General Assembly, the UN Security Council, or other specialized UN agencies and bodies.
  • Composition: The ICJ is composed of 15 judges elected by the General Assembly and the Security Council for a term of nine years. The President of the Court is elected among the judges and serves a three-year term.

(ii) Supreme Court


The Supreme Court is the highest court in a country's legal system. Its jurisdiction and composition may vary depending on the country, but some general features include:


  • Jurisdiction: The Supreme Court typically has appellate jurisdiction, hearing appeals on points of law from lower courts. It may also have original jurisdiction in certain cases, such as those involving constitutional issues or disputes between states.
  • Composition: The Supreme Court is typically composed of justices or judges appointed based on their legal expertise and experience. The Chief Justice, who is the head of the court, leads the panel of justices. The number of justices and the appointment process may be defined by the country's constitution or legal system.
  • Kenya: The Supreme Court, as outlined in Article 163 of the Constitution, is composed of the Chief Justice serving as the Court's President, the Deputy Chief Justice as the Deputy President, and five additional Justices. The jurisdiction of the Supreme Court is delineated in Articles 58(5), 163(3), (4), (5) &(6), 168(8) of the Constitution, along with Sections 12, 13, 15, 29, and 40 of the Supreme Court Act No. 7 of 2011 Laws of Kenya.

(iii) Court of Appeal


The Court of Appeal is an intermediate appellate court, and its characteristics can vary by jurisdiction. In a general sense:


  • Jurisdiction: The Court of Appeal hears appeals from decisions of lower courts. Its primary function is to review the application of law in the cases brought before it, ensuring that legal principles are correctly applied.
  • Composition: Composition: The Court of Appeal is typically composed of multiple judges or justices. The Chief Justice of the Court of Appeal is the presiding judge and is responsible for the administration of the court. Appointments are based on legal qualifications and experience.
  • Kenya: The Kenyan Court of Appeal is instituted in accordance with Article 164 of the Kenyan constitution and is comprised of a minimum of twelve judges. It serves as the appellate body for cases originating from the High Court, Employment and Labour Relations Court, Environment and Land Court, and any other court or tribunal stipulated by law. The court can have a maximum of 30 Judges, and its members elect a President from within their ranks.




QUESTION 2(b)

Q Explain three key alternative dispute resolution mechanisms
A

Solution


Key Alternative Dispute Resolution (ADR) Mechanisms


Alternative Dispute Resolution (ADR) refers to methods of resolving conflicts and disputes outside of traditional courtroom litigation. These mechanisms are often more flexible, cost-effective, and time-efficient. Here are some key ADR mechanisms:

1. Mediation


Mediation involves a neutral third party, known as a mediator, who assists disputing parties in reaching a mutually acceptable resolution. The mediator facilitates communication and negotiation but does not impose a decision.


2. Arbitration


Arbitration is a process where an impartial arbitrator or panel of arbitrators makes a binding decision on the dispute after considering evidence and arguments from both parties. It is more formal than mediation and resembles a simplified version of a court proceeding.


3. Negotiation


Negotiation is a direct communication between the parties involved in a dispute with the goal of reaching a voluntary agreement. It can be an informal and flexible process where the parties control the outcome.


4. Conciliation


Conciliation is a process similar to mediation where a neutral third party assists in resolving the dispute. The conciliator may offer suggestions and propose solutions to help the parties reach an agreement.


5. Collaborative Law


Collaborative Law involves each party having their own attorney, and all parties commit to resolving the dispute without going to court. The attorneys work together with the parties in a cooperative and problem-solving approach.


These ADR mechanisms offer alternatives to traditional litigation, providing parties with more control over the resolution process and often resulting in quicker and less expensive outcomes.





QUESTION 2(c)

Q (i) Describe the term "Dispute Review Board".

(ii) Highlight three advantages of Dispute Review Boards.
A

Solution


(i) Describe the term "Dispute Review Board (DRB)"


A Dispute Review Board (DRB) is a collaborative and alternative dispute resolution mechanism commonly used in construction projects. It typically consists of neutral professionals appointed at the project's outset to provide timely resolution of disputes that may arise during the construction process. The DRB members are often experts in construction, engineering, or law and work to facilitate open communication and prevent conflicts from escalating into more significant disputes.

(ii) Highlight advantages of Dispute Review Boards


  • Early Dispute Resolution: DRBs provide a forum for the early resolution of disputes, preventing issues from escalating into lengthy and costly litigation.
  • Expertise: The DRB members possess industry-specific expertise, allowing them to make informed decisions based on technical knowledge and experience.
  • Time Efficiency: Disputes can be resolved more efficiently through DRBs, avoiding delays in project timelines and reducing the impact on project schedules.
  • Cost Savings: Utilizing a DRB can lead to significant cost savings compared to traditional legal proceedings, as disputes are addressed in a more streamlined and timely manner.
  • Preservation of Relationships: DRBs help maintain positive relationships among project stakeholders by addressing conflicts in a collaborative and non-adversarial manner.
  • Customized Solutions: The DRB process allows for flexible and customized solutions tailored to the specific needs of the project, fostering a sense of fairness and equity.
  • Reduced Formality: DRBs operate with less formality than court proceedings, providing a more accessible and less intimidating environment for dispute resolution.




QUESTION 3(a)

Q With reference to the law of persons:

(i) Outline three objectives of co-operative societies.

(ii) Identify seven documents that should be attached and submitted together with the application for registration of a co-operative society.
A

Solution


(i) Objectives of Co-operative Societies


  • Promotion of Economic Interests: Co-operative societies aim to promote the economic interests of their members by facilitating collective business activities and ventures.
  • Voluntary and Open Membership: Co-operatives operate on the principle of voluntary and open membership, allowing individuals to join and participate willingly.
  • Democratic Control: Co-operative societies are democratically controlled by their members, with decisions made collectively through a democratic process.
  • Member Education: Co-operatives focus on educating their members and promoting the development of their skills to enhance their economic participation.
  • Co-operation among Co-operatives: Co-operatives work together to strengthen the co-operative movement and support each other's success.
  • Concern for the Community: Co-operatives contribute to the sustainable development of their communities and operate with a commitment to social responsibility.

(ii) Documents for Registration of Co-operative Societies


To register a co-operative society, the following documents should be attached and submitted with the application:


  • Application Form: A completed application form for the registration of a co-operative society.
  • Bylaws: The bylaws or rules that will govern the internal operations of the co-operative society.
  • List of Members: A list of individuals who intend to be members of the co-operative society.
  • Feasibility Study: A feasibility study outlining the economic viability and sustainability of the co-operative.
  • Minutes of Organizational Meetings: Minutes of the meetings held during the organization of the co-operative society.
  • Bank Reference: A reference from a bank indicating the creditworthiness of the co-operative.
  • Proof of Address: Documents verifying the physical address of the co-operative society.
  • Registration Fee: The required fee for the registration process.



QUESTION 3(b)

Q In the context of the law of contract:

(i) Highlight four instances when past consideration will be sufficient to support a contractual claim.

(ii) Provide six examples of contracts that are illegal at common law
A

Solution


(i) Instances When Past Consideration Is Sufficient


In certain circumstances, past consideration may be deemed sufficient to support a contractual claim, such as:

  • Express Promise to Pay: When there is a clear and express promise to pay for a service or benefit that has already been provided, even if the consideration is in the past.
  • Moral Obligation: If there is a pre-existing moral obligation, and the promisor subsequently makes a promise to reward or compensate for actions already taken.
  • Material Benefit: When a material benefit has been conferred upon the promisor, and there is an acknowledgment or promise to compensate for the benefit received.
  • Debt Discharged by Composition Agreement: In cases where a debtor, without any legal obligation, promises to pay a lesser amount to satisfy a debt, and the creditor accepts the payment as full satisfaction.
  • Previous Request or Encouragement: If the promisor has previously requested or encouraged the promisee's actions, and later makes a promise to compensate for those actions.

(ii) Examples of Illegal Contracts at Common Law


Certain contracts are considered illegal at common law due to public policy concerns. Examples include:


  • Contracts in Restraint of Trade: Agreements that unreasonably restrict a person's freedom to engage in a trade, profession, or business are generally considered void.
  • Contracts for Illegal Purposes: Agreements formed for purposes that are illegal or against public policy, such as contracts to commit a crime or fraud.
  • Usurious Contracts: Contracts involving excessive or usurious interest rates may be considered illegal and unenforceable.
  • Contracts Contrary to Statute: Contracts that violate specific statutes or regulations may be deemed illegal, such as contracts for activities prohibited by law.
  • Contracts in Restraint of Marriage: Agreements that unreasonably restrict a person's right to marry may be considered against public policy and void.




QUESTION 4(a)

Q In relation to corporate governance:

(i) Define the term "legal audit".

(ii) Discuss four purposes of legal audit.
A

Solution


(i) Definition of Legal Audit


A legal audit is a comprehensive examination and review of an organization's legal framework, practices, and compliance to ensure adherence to relevant laws and regulations. It involves a systematic analysis of legal documents, processes, and risk management strategies within a corporate entity.

(ii) Purposes of Legal Audit


Legal audits serve several important purposes in the realm of corporate governance, including:


  • Compliance Assessment: Legal audits help assess the organization's compliance with applicable laws, regulations, and industry standards. This includes corporate laws, labor laws, environmental regulations, and other legal frameworks relevant to the business.
  • Risk Identification and Mitigation: By conducting a legal audit, an organization can identify potential legal risks and vulnerabilities. This enables proactive measures to be taken to mitigate these risks, minimizing the likelihood of legal disputes or regulatory penalties.
  • Contractual Review: Legal audits involve a thorough review of existing contracts and agreements to ensure they are legally sound, enforceable, and align with the organization's objectives. This includes supplier contracts, employment agreements, and customer contracts.
  • Corporate Governance Enhancement: The audit process contributes to the enhancement of corporate governance practices by evaluating the effectiveness of internal controls, board structures, and decision-making processes. It helps ensure transparency and accountability.
  • Protection of Intellectual Property: Legal audits assess the protection and management of intellectual property assets, including trademarks, patents, and copyrights. This safeguards the organization's innovations and creative works from infringement.
  • Due Diligence for Mergers and Acquisitions: In the context of mergers and acquisitions, legal audits play a crucial role in due diligence. They provide a comprehensive understanding of the legal aspects of the target company, helping the acquiring entity make informed decisions.




QUESTION 4(b)

Q (i) Summarise five ethical standards required from a professional accountant.

(ii) Describe five acts of professional misconduct on the part of an accountant.
A

Solution


(i) Ethical Standards for Professional Accountants


Professional accountants are required to adhere to high ethical standards, including:

  • Integrity: Accountants must be honest and straightforward in all professional and business relationships.
  • Objectivity: They should not allow biases, conflicts of interest, or undue influence to compromise their professional judgment.
  • Professional Competence and Due Care: Accountants are expected to maintain professional knowledge and skill at a level required to ensure their clients or employers receive competent professional service.
  • Confidentiality: Accountants must respect the confidentiality of information acquired during the course of their work and should not disclose such information without proper and specific authority.
  • Professional Behavior: Professional accountants should comply with relevant laws and regulations and avoid any action that discredits the accounting profession.
  • Professional Skepticism: Accountants should approach their work with a questioning mind and critically assess evidence. They should not assume that management is honest.

(ii) Acts of Professional Misconduct


Acts of professional misconduct on the part of an accountant may include:


  • Fraudulent Activities: Engaging in fraudulent activities, such as manipulating financial statements or misappropriating funds, is a serious form of professional misconduct.
  • Conflict of Interest: Failing to disclose or manage conflicts of interest that may compromise professional objectivity and independence.
  • Improper Use of Confidential Information: Disclosing confidential information without proper authorization or using such information for personal gain.
  • Failure to Maintain Independence: Accountants should maintain independence and avoid situations that could compromise their objectivity, such as accepting gifts or favors from clients that could influence their judgment.
  • Failure to Comply with Professional Standards: Not adhering to established professional standards and guidelines can be considered professional misconduct.
  • Failure to Report Misconduct: Failing to report known instances of professional misconduct by colleagues or superiors can also be a breach of ethical standards.




QUESTION 5(a)

Q Define:

(i) A negotiable instrument.

(ii) A protest instrument.

(iii) Highlight six essential characteristics of negotiable instruments.
A

Solution


(i) Definition of a Negotiable Instrument


A negotiable instrument is a written document that promises or orders the payment of a specific amount of money, either on demand or at a set time. These instruments are transferable, allowing the holder to transfer the rights to the payment to another party by endorsement or delivery.

(ii) Definition of a Protest Instrument


A protest instrument refers to the formal declaration made by a notary public or other authorized party regarding the dishonor or non-payment of a negotiable instrument, such as a promissory note or bill of exchange. The protest serves as evidence of the instrument's dishonor and may be required in certain legal or financial contexts.


(iii) Essential Characteristics of Negotiable Instruments


Negotiable instruments possess key characteristics that make them unique and facilitate their transferability. These essential characteristics include:


  • Writings: Negotiable instruments must be in writing, either handwritten, printed, or a combination of both.
  • Unconditional Promise or Order: The promise or order to pay must be unconditional. Any conditions or contingencies can render the instrument non-negotiable.
  • Fixed Amount: The amount of money to be paid must be fixed and certain. Uncertainty in the payment amount can affect negotiability.
  • Payment on Demand or at a Definite Time: The instrument should either be payable on demand or at a definite time in the future. This characteristic distinguishes between demand instruments (e.g., checks) and time instruments (e.g., promissory notes).
  • Payable to Bearer or to Order: The instrument must be payable either to the bearer (anyone who possesses it) or to a specific person or order. The payee can transfer the instrument by endorsement.
  • Transferability: Negotiable instruments are designed to be easily transferable from one party to another. This transfer can occur through endorsement and delivery.
  • Holder in Due Course: A holder in due course is a person who acquires the negotiable instrument in good faith, for value, and without notice of any defects or claims against it. Such a holder enjoys certain legal protections.




QUESTION 5(b)

Q Summarise five conditions necessary for ratification of an agency
A

Solution


Conditions for Ratification of an Agency


Ratification in the context of agency refers to the confirmation or acceptance of actions performed on behalf of a principal by an agent. The conditions necessary for the ratification of an agency include:

  • Existence of an Agency Relationship: There must be a valid agency relationship between the principal and the agent. The agent must have acted on behalf of the principal, believing they were authorized to do so.
  • Capacity to Ratify: The principal must have the legal capacity to ratify the actions of the agent. This includes being of sound mind and not subject to any legal disabilities.
  • Full Disclosure of Material Facts: The principal must have full knowledge of the material facts surrounding the agent's actions at the time of ratification. Any concealed or undisclosed information may affect the validity of ratification.
  • Timely Ratification: Ratification should occur within a reasonable time after the principal becomes aware of the agent's actions. Delayed ratification may result in the loss of certain legal rights.
  • Consistency with Principal's Intent: The ratified act must be consistent with the principal's intentions and must not conflict with any express or implied instructions given by the principal to the agent.
  • Legal Capacity of the Agent: The agent must have had the legal capacity to act on behalf of the principal at the time the actions were performed. If the agent lacked capacity, ratification may be challenged.
  • Legal Purpose of the Act: The act being ratified must be legal and not contrary to public policy. Ratification of illegal or prohibited acts may not be enforceable.
  • Acceptance of the Ratification: The principal's ratification must be communicated and accepted by the agent. Both parties should be aware of and agree to the ratification.




QUESTION 5(c)

Q Outline five ways through which an agency might be created.
A

Solution


Ways to Create an Agency


An agency relationship can be created through various means, including:

  • Express Agreement: An agency can be expressly created through a written or verbal agreement between the principal and the agent. The terms and scope of the agency relationship are explicitly stated and agreed upon.
  • Implied Agreement: An agency may be implied from the conduct of the parties, indicating an understanding or agreement even if not expressly stated. The actions and behavior of the principal and agent imply the existence of an agency relationship.
  • Apparent Authority: Apparent authority arises when a principal, through words or conduct, leads a third party to reasonably believe that an individual is authorized to act as the principal's agent. Even if no actual authority exists, the principal may be bound by the agent's actions.
  • Ratification: An agency can be created through ratification, where a person (the principal) approves and accepts the actions performed by another person (the agent) on their behalf. Ratification typically occurs after the agent has already taken actions without prior authority.
  • Necessity: Agency by necessity occurs when circumstances necessitate the appointment of an agent to protect the interests of the principal. This often happens in emergency situations or when the principal is unable to act.
  • Estoppel: Agency by estoppel arises when a principal's actions or representations lead a third party to believe that an individual is the principal's agent. The principal is then estopped from denying the existence of the agency relationship.
  • Agency by Operation of Law: Certain legal relationships automatically create agency, such as parent-child relationships or relationships between spouses. In these cases, one party may be deemed the agent of the other by operation of law.




QUESTION 6(a)

Q With specific reference to international contracts of sale, provide the full name of the following abbreviations:

(i) FAS.

(ii) FOB

(iii) CIF

(iv) FCA

(v) CPT.

(vi) CIP.
A

Solution


Full Names and Meanings of Abbreviations in International Contracts of Sale


With specific reference to international contracts of sale, the following abbreviations have the following full names and meanings:

(i) FAS: Free Alongside Ship - The seller delivers the goods to the side of the ship, and the buyer bears all costs and risks from that point onward.


(ii) FOB: Free On Board - The seller is responsible for delivering the goods on board the ship at the named port, and the buyer assumes all costs and risks from that point.


(iii) CIF: Cost, Insurance, and Freight - The seller is responsible for delivering the goods on board the ship and covering the cost of insurance and freight to the destination port.


(iv) FCA: Free Carrier - The seller delivers the goods to a named carrier or another person nominated by the buyer at an agreed-upon location, and the risk transfers to the buyer at that point.


(v) CPT: Carriage Paid To - The seller pays for the carriage of goods to the named destination, but risk transfers to the buyer upon delivery to the carrier.


(vi) CIP: Carriage and Insurance Paid To - Similar to CPT, but the seller also provides insurance coverage for the goods during transit to the named destination.





QUESTION 6(b)

Q Outline four advantages of letters of credit.
A

Solution


Advantages of Letters of Credit


A letter of credit (LC), often abbreviated as L/C, is a financial instrument used in international trade to facilitate secure and guaranteed payment between a buyer and a seller. It is issued by a bank at the request of the buyer (applicant) in favor of the seller (beneficiary). Letters of credit provide a level of assurance to both parties by introducing the bank as an intermediary that undertakes to make payments based on the fulfillment of specified conditions.

Letters of credit offer several advantages in international trade and business transactions, including:


  • Risk Mitigation: Letters of credit provide a secure method of payment, reducing the risk of non-payment for the seller. The issuing bank's commitment to pay ensures that the seller receives payment as long as the terms and conditions of the letter of credit are met.
  • Global Trade Facilitation: Letters of credit facilitate international trade by providing a widely accepted and standardized method of payment. This promotes trust and confidence among parties involved in cross-border transactions.
  • Payment Assurance for Sellers: Sellers are assured of payment upon compliance with the terms and conditions specified in the letter of credit. This assurance encourages sellers to engage in international trade with unfamiliar buyers or in regions with a higher risk of payment default.
  • Flexible Financing: Letters of credit can be used as a financing tool. A seller may present the letter of credit to a bank to obtain financing before the goods are shipped, providing working capital for production and shipment.
  • Documentation Control: The letter of credit outlines the required documentation for payment. This allows the parties to agree on the necessary paperwork, ensuring that the buyer only receives the documents upon fulfillment of the agreed-upon conditions.
  • Reduced Payment Delays: With letters of credit, payment delays are minimized since the buyer's bank commits to making payment once the documents are in order. This accelerates the payment process compared to open account transactions.
  • Intermediary Trust: Letters of credit involve banks as intermediaries, adding a layer of trust to the transaction. The buyer and seller rely on the credibility and financial stability of the banks involved in the process.
  • Dispute Resolution: Letters of credit provide a structured framework for dispute resolution. Banks play a role in examining documents and resolving discrepancies, reducing the likelihood of protracted disputes between buyers and sellers.




QUESTION 6(c)

Q In determining the name of a partnership for a newly formed business, identify six types of endings that a partnership could choose to add at the end of their preferred name.
A

Solution


Types of Endings for a Partnership Name


When choosing a name for a partnership, consider the following endings to reflect the structure of the business:

  • & Partners: For example, "Smith & Partners."
  • & Associates: For example, "Johnson & Associates."
  • Group: For example, "Miller Group."
  • Company: For example, "Johnson and Smith Company."
  • Collaborative: For example, "Brown Collaborative."
  • Partnership: For example, "Taylor Partnership."




QUESTION 6(d)

Q Explain two types of partnerships.
A

Solution


Types of Partnerships


A partnership is a business structure where two or more individuals manage and operate a business in accordance with the terms and objectives set out in a Partnership Deed. There are several types of partnerships, each with its own characteristics. Here are common types of partnerships:

  • General Partnership: In a general partnership, all partners share equal responsibility in managing the business and have unlimited liability for the debts and obligations of the partnership.
  • Limited Partnership (LP): A limited partnership consists of at least one general partner with unlimited liability and one or more limited partners whose liability is limited to their investment in the business.
  • Limited Liability Partnership (LLP): An LLP combines elements of partnerships and corporations. It provides limited liability for all partners, meaning one partner is not responsible for the negligence or misconduct of another partner.
  • Joint Venture: A joint venture is a partnership formed for a specific business undertaking or project. Partners in a joint venture collaborate to achieve a common goal and share profits or losses.
  • Professional Partnership: Also known as a professional corporation, this type of partnership is formed by professionals such as lawyers, doctors, or accountants. Each professional has limited liability for their own malpractice.
  • Family Limited Partnership (FLP): A family limited partnership is a partnership created to manage family assets and investments. It allows for the transfer of wealth between generations with certain tax benefits.




QUESTION 7(a)

Q Identify the four parties in creation of a letter of credit and their roles.
A

Solution


Parties in Creation of a Letter of Credit


The creation of a letter of credit involves the collaboration of four key parties, each with distinct roles and responsibilities:

  • Applicant (Buyer): The buyer or importer who initiates the letter of credit by requesting their bank to issue it. The applicant is obligated to fulfill the terms and conditions specified in the letter of credit for the payment to be made.
  • Issuing Bank: The bank that issues the letter of credit on behalf of the buyer (applicant). The issuing bank undertakes to pay the seller upon presentation of compliant documents, as long as the terms and conditions of the letter of credit are met.
  • Beneficiary (Seller): The seller or exporter who is the intended recipient of the payment. The beneficiary is required to fulfill the terms and conditions of the letter of credit and present the specified documents to receive payment from the issuing bank.
  • Advising Bank: The bank located in the seller's country that receives the letter of credit from the issuing bank and advises the beneficiary of its existence. The advising bank may also confirm the letter of credit, adding an additional layer of payment assurance to the beneficiary.




QUESTION 7(b)

Q Enumerate four documents that might be required to accompany an application to amalgamate or insurance business.
A

Solution


Documents for Amalgamation or Insurance Business Application


When applying for amalgamation or an insurance business, various documents are typically required to accompany the application. These documents may include:

  • Application Form: A completed application form providing details about the amalgamation or insurance business.
  • Amalgamation Proposal: A detailed proposal outlining the terms and conditions of the amalgamation, including the rationale and benefits.
  • Business Plan: A comprehensive business plan detailing the objectives, strategies, and financial projections of the amalgamated or insurance business.
  • Financial Statements: Audited financial statements of the businesses involved in the amalgamation or the financial standing of the insurance business.
  • Corporate Governance Structure: Details of the proposed corporate governance structure, including board members, key executives, and management roles.
  • Legal Documents: Legal documents such as the memorandum and articles of association, partnership deeds, or other relevant legal agreements.
  • Regulatory Compliance: Evidence of compliance with regulatory requirements, licenses, and permits necessary for amalgamation or operating an insurance business.
  • Insurance Policies: For insurance businesses, details of the insurance policies to be offered, terms, and conditions, including actuarial reports if applicable.
  • Risk Management Plan: A comprehensive risk management plan outlining how risks associated with the amalgamation or insurance business will be identified and mitigated.
  • Approval from Regulatory Authorities: Any required approvals or no-objection certificates from relevant regulatory authorities overseeing amalgamation or insurance activities.




QUESTION 7(c)

Q Identify six types of information to be provided for a life insurance cover.
A

Solution


Information for Life Insurance Cover


When applying for a life insurance cover, individuals are typically required to provide various types of information to assess their eligibility and determine coverage. The information to be provided includes:

  • Personal Information: Full name, date of birth, gender, nationality, and contact details.
  • Occupation and Income: Details about the applicant's occupation, income, and employment history.
  • Health Information: Medical history, current health condition, lifestyle choices, and any pre-existing medical conditions.
  • Smoking and Drinking Habits: Information about smoking and alcohol consumption habits, as these factors can affect premiums.
  • Financial Information: Details about the applicant's financial situation, including debts, assets, and financial dependents.
  • Beneficiary Information: Names and details of beneficiaries who will receive the life insurance benefits.
  • Coverage Amount: The desired amount of coverage or sum assured.
  • Term of the Policy: The duration for which the life insurance coverage is sought.
  • Policy Type: Information about the type of life insurance policy, such as term life, whole life, or universal life.
  • Medical Examinations: In some cases, applicants may be required to undergo medical examinations to assess their health.
  • Travel History: Information about recent travel, especially if it involves high-risk regions or activities.




QUESTION 7(d)

Q Define the following types of guarantees:

(i) Tender guarantees.

(ii) Performance guarantees.

(iii) Warranty guarantees
A

Solution


Types of Guarantees


Guarantees are financial instruments that provide assurance and security in various business transactions. Here are definitions for different types of guarantees:

  1. Tender Guarantees: Tender guarantees, also known as bid bonds, are issued to support a bidder's participation in a tender process. It assures the party inviting bids that the bidder has the financial capability to undertake the contract and will provide a performance guarantee if awarded the contract.
  2. Performance Guarantees: Performance guarantees, also called performance bonds, are issued to assure the beneficiary that a contractor or party will fulfill the terms of a contract. It serves as a financial security in case the contractor fails to meet their obligations, and the beneficiary can claim compensation.
  3. Warranty Guarantees: Warranty guarantees, sometimes referred to as maintenance guarantees, provide assurance that a product or service will meet specified warranty or maintenance requirements. It ensures that the beneficiary will receive necessary repairs or support during the warranty period.




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