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QUESTION 1 Explain the functions of the following courts 1a (i) Supreme Court (2mks) Officers of the Supreme Court compose of The Hon Chief Justice/President of Court, Hon.Deputy Chief Justice/Vice president of the Court and Five other Judges. Functions of the Supreme Court include;  It has exclusive original jurisdiction to hear and determine disputes relating to the elections to the office of President  Gives advisory opinion at the request of the National Government with respect to any matt
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  QUESTION 1Explain the functions of the following courts1a (i) Supreme Court (m!s) Officers of the Supreme Court compose of The Hon Chief Justice/President of Court, Hon.Deputy Chief Justice/Vice president of the Court and Five other Judes. unctions of the Supreme Court inclu#e$    !t has e c#usive oriina# $urisdiction to hear and determine disputes re#atin to the e#ections to the office of President  %ives advisory opinion at the re&uest of the 'ationa# %overnment (ith respect to any matter concernin the county overnment  !t has appe##ant Jurisdiction to hear and determine appea#s from the court of )ppea# and any other court or tri*una# as prescri*ed *y the 'ationa# +eistration. 1% (ii) In#ustrial tri%unal (m!s) !ndustria# tri*una# is esta*#ished to dea# (ith #a*our disputes. The $ude of the !ndustria# tri*una# is appointed *y the president and four other mem*ers.in -enya the a*ove tri*una# has *een esta*#ished in accordance (ith the provision of trade dispute act Chapter 0 Its functions inclu#e$ They are independent $udicia# *odies that hear and determine c#aims to do (ith emp#oyment matters. These inc#ude a rane of c#aims re#atin to unfair dismissa#, *reach of contract, (aes/other payments, as (e## as discrimination on the rounds of se , race, disa*i#ity, ae e.t.c 1c) Explain the following with reference to law of contract(i)Un#ue Influence (m!s 12ndue inf#uence e ists (here a contract has *een entered as a resu#t of pressure (hich fa##s short of amountin to force, the party su*$ect to the pressure may have a cause of action in e&uity to have the contract set aside on the rounds of undue inf#uence. 2ndue inf#uence operates (here there e ists a re#ationship *et(een the parties (hich has *een e p#oited *y one party to ain an unfair advantae  ) contract is said to *e induced *y undue inf#uences (here the re#ations su*sistin *et(een the t(o parties is such that one of them is in a position to determine the (i## of the other partyand uses the position to o*tain an unfair advantae over the other.3. a Contract *et(een a father and Chi#d, Doctor and Patient e.tc 1#& 'efine the following(i) aw of tort (m!s) ) 4tort5 is a #ea# (ron, for (hich the #a( provides a remedy. !t is a civi# action ta-en *y oneciti6en aainst another and tried in court. ) person (ho sustains in$ury or suffers pecuniary damae as a resu#t of the (ronfu# act of another person is -no(n as the p#aintiff and the  person (ho is responsi*#e for inf#ictin the in$ury and incurs #ia*i#ity for the damae is -no(n as the defendant.Tort #a( can *e sp#it into three cateories7  Negligent torts&  'e#ient torts encompass harm done to peop#e enera##y throuh the fai#ure of another to e ercise a certain #eve# of care 8usua##y defined as a reasona*#e standard of care1. )ccidents are a ood e amp#e of ne#ient torts.  Intentional torts  !ntentiona# torts, on the other hand, refer to harms done to peop#e intentiona##y *y the (i##fu#misconduct of another, such as assau#t, fraud and theft.  Strict lia%ilit* Strict #ia*i#ity torts, un#i-e ne#ience and intentiona# torts are not concerned (ith the cu#pa*i#ity of the person doin the harm. !nstead, strict #ia*i#ity focuses on the act itse#f7 if someone commits a certain act 8say, producin a defective product1 then that person is responsi*#e for the damaes from that act reard#ess of the #eve# of care e ercised or their intentions  QUESTION &    a) 'raw a structure of +en*an Courts   %) In relation to the law of contract, #iscuss -arious circumstances un#er which a contract ma* %e #ischarge# %* frustration&(.m!s)  Illegalit* !f performance of the contract *ecomes i##ea# due to chane of #a( or other(ise, it is frustrated and the parties dischared. This is *ecause there is no o*#iation to perform that (hich *ecomes i##ea#  'eath or /ermanent incapacitation The death on permanent incapacitation of a person frustrates the contract hence discharin the  parties. This may occur in contracts such as emp#oyment (hen an emp#oyee dies.  'estruction of su%0ect matter The contract is frustrated if the *asis of the contract or the su*$ect matter is destroyed and the  parties dischared. !t5s dischared if on#y the su*$ect matter of the contract is comp#ete#y destroyed and it must *e evident that the su*$ect matter (as the so#e foundation of the contract.  Nonoccurrence of e-ents or state of affairs !f a contract is *ased on a particu#ar event of state of affairs e istin at a particu#ar time, its non9occurrence nay frustrate the contract, ho(ever for the contact to *e frustrated, it must *e proved that the event or state of affairs (as the so#e foundation of the contract.  2o-ernment Inter-ention or interference !f %overnment )cts or Po#icies render performance of a contract impossi*#e, the same is frustrated and the parties dischared.  Super-ening e-ents These are circumstances (hich intervene and there*y render performance of a contact impossi*#eor de#ay the same there*y chanin the commercia# characteristics of the contract.e. in out*rea- of po#itica# vio#ence may render it impossi*#e to perform and there*y frustrate
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