BCM 1104 - Business Law - April 2015.pdf - SCHOOL OF...

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1 SCHOOL OF MANAGEMENT AND COMMERCE BACHELOR OF COMMERCE BCM 1104: BUSINESS LAW END OF SEMESTER EXAM DATE: 8 th APRIL 2015 TIME: 2 Hours Instructions: 1. Answer question 1 and ANY TWO OTHER questions. 2. Question 1 carries 30 Marks while all other questions carry 20 Marks Each . QUESTION ONE MAENDELEO a renowned Cabinet Secretary is greatly offended by the sensational morning presentation and debate in a local radio show aired by DOT FM STATION. In the morning of 6 th March 2015 as she was being chauffer driven in a government owned Limousine to her red- carpeted office. She was shocked to hear that she is the subject of the morning discussion and debate when her driver tuned to DOT FM STATION. The radio presenter known as Madevu was making the following narration after every five minutes and requesting listeners to call in and give their comments: It has been confirmed that Maendeleo the renowned cabinet secretary checked out of the expensive Pinski hotel on 15 th February 2015 with her estranged husband whom they had an acrimonious fight over property. Our sources have informed us that Maendeleo is the one who booked and paid for the expensive valentine offer of KES I Billion at Pinski
2 hotel for the night. The Maendeleo is indeed trying to mend her marriage at a very expensive cost. Maendeleo is very annoyed by this story being played by the DOT FM radio station. She takes out her latest Iphone 6 plus and writes to you an email asking you as her personal assistant to immediately call DOT FM station and demand that they stop playing the narrative. In addition she asks you to advise her on the legal course she should, take especially on the following matters:- a) Whether the facts discussed above amount to a tort and if so what particular tort should she base her cause of action in court. (Give the definition and a brief explanation of a tort and the specific tort disclosed by the above set of facts) (4 Marks) b) Give TWO differences between slander and libel. (4 Marks) c)

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