Reference no: EM132925483
1. A party making an application to the high court to set aside an arbitral award must furnish proof of certain matters. With reference to the above statement, describe the proof that the party must furnish.
2. In relation to the court system structure in your country, state five superior courts and explain the composition and jurisdiction of the khadi's court.
3. With reference to settlement of disputes through commercial arbitration, summarize the form and information that should be contained in the arbitral award.
4. Damages are a common law remedy awarded in tort and are intended as a compensation for a plaintiff's loss? In relation to the above statement, describe five categories of damages available to a plaintiff.
5. Nuisance is a tort committed if someone is wrongly disturbed in the use and enjoyment of his land. Describe the defenses available to a person who is being sued for nuisance.
6. Many clauses in a contract purport to exclude liability for injury, loss or damage. Explain five rules which determine the effectiveness of such clauses.
7. One of the remedies available on breach of contract is action for specific performance. However, there are cases when the remedy might or might not be granted. With reference to the above statement, identify three cases when specific performance might be granted and three when it might not the general rule that "for a contract to be discharged by performance, the performance must be precise and exact" was modified by exceptions to mitigate its harshness. Discuss five exceptions to this general rule. Be granted.
8. An agent will usually act within his authority, but if the relationship with his principal is well established, he may occasionally act outside the authority if he feels the principal will subsequently ratify the agent's action. Discuss the effects of subsequent.
9. Any person who has been appointed to represent another in dealings with parties is an agent. There are however persons who regularly act for others in business transactions as professional agents. Discuss four examples of professional agents.
10. Under the Sale of Goods Act, where there is a contract for the sale of specific or ascertained goods, the property in the goods is transferred to the buyer at such a time as the parties to the contract intend to be transferred. Discuss the rules for determining when the property passes from seller to the buyer.