INFORMATION TECHNOLOGY BUS 209: BUSINESS LAW FULL-TIME/PART-TIME/DISTANCE LEARNING ORDINARY EXAMINATION DATE: AUGUST, 2021 TIME: 3 HOURS
INSTRUCTIONS: Answer ALL Questions
QUESTION ONE: (20 MARKS)
Smith employed Hamilton as his agent in a business of selling cooking gas. For many years Hamilton sold cooking gas to Havana wholesalers. Arising from a dispute in the work place, smith dismissed Hamilton. Smith did not inform the proprietor of Havana wholesalers about Hamilton’s dismissal. After the dismissal, Hamilton proceeded to Havana wholesalers and collected cash amounting to shs.100, 000 balance of payment due to smith for cooking gas which had delivered earlier. Hamilton, the agent of smith. Discuss the legal principle applicable. Explain the duties of AN AGENT TO HIS PRINCIPAL.
QUESTION TWO: (20 MARKS)
Mutuku employed mwanzia as a petrol tanker driver. While petrol was being off-loaded from the tanker at a petrol station, mwanzia who was standing nearby, lit a cigarette. Unfortunately, the petrol tanker caught fire and burnt the whole petrol station and injured several people. Mpole, the owner of the petrol station, is angry and seeks your advice on whom he can sue. Advise Mpole. QUESTION THREE: (10 MARKS) “Saman, a keen collector of old cars has seen an advertisement for an auction of old cars in a weekend newspaper. He travelled to Colombo from Badulla to attend the auction in order to bid for the model mentioned in the list of vehicles to be auctioned. However, when Saman Arrived at the auction site, he found a notice outside stating that the auction has been cancelled”.Saman contemplates legal action against the auctioneer. In the context of law of contract, advise Saman whether he can succeed in an action against the auctioneer. Give reasons for your answer.