SECTION A
CASE STUDY 1
Read the case study below and answer the questions that follow.
Tinashe sells his farm to Rudo. There are 75 old unmarked human graves on
the farm located on the land that will be used for cultivation. Tinashe was
aware of the existence of the graves at the time of the conclusion of the
contract, but had removed the tombstones to conceal their presence. When
Rudo ploughs the farm to plant crops, she is horrified to find human remains
in the field. She is now unwilling to reside on the farm, because she finds the
presence of the graves scary.
QUESTIONS
a) Identify the type of misrepresentation in the case study and discuss its
features. (15
marks)
b) Examine a relevant decided case that is similar to the case study.
(10 marks)
c) With reference to the case study, advise Rudo on her rights against
Tinashe. (15
marks)
d) Discuss the remedies for misrepresentation (10
marks)
CASE STUDY 2
Read the case study and answer the questions that follow:
A&M Records, Inc. Vs. Napster Inc. In this case, A&M Records sued the file-
sharing business Napster over its website, wherein users could download
music files free of charge. A&M Records claimed that this was vicarious and
contributory copyright infringement, and before the US 9th Circuit Court of
Appeals, Napster was ruled to be guilty of both counts. As a result, it was
forced to shut down, as was Grokster, a file-sharing site that operated under
a similar model, a few years later.
QUESTION 1
a) Explain the works protected by all intellectual property laws. (10
marks)
b) Describe what constitutes infringement of intellectual property laws,
and explain the remedies available to all intellectual property laws. (10
marks)
c) A mistake affects the validity of a contract. Examine the different types
of mistakes and their effect on the validity of a contract. (10
marks)
d) Explain the different types of terms, conditions and clauses found in
contracts. (20
marks)
SECTION B
QUESTION 2
Topic – Sources of Zimbabwean Law
OPTION 1
Discuss giving practical examples the following sources of law indicated
below:
a) Custom (7 marks)
b) Legislation (8 marks)
c) Judicial precedent (10
marks)
Topic – Sources of Law
OPTION 2
Explain the following terms in reference to judicial precedence (4 marks
each)
a) Ratio decidendi (5 marks)
b) obiter dicta (5 marks)
c) Stare decisis (5 marks)
d) Hierarchy of courts (5 marks)
e) Similarity of facts (5 marks)
Topic – Introduction to Law
OPTION 3
Discuss giving practical examples following branches of law:
a) Criminal law (5 marks)
b) Civil Law (5 marks)
c) Public law (5 marks)
d) Private law (5 marks)
g) Commercial law (5 marks)
QUESTION 3
Topic – Zimbabwean Courts
OPTION 1
Discuss the composition and jurisdiction of the following Zimbabwean courts:
a) Primary courts (5 marks)
b) Magistrate court (5 marks)
c) High court (5 marks)
d) Supreme court (5 marks)
e) Constitutional court (5 marks)
Topic – Law making process
OPTION 2
a) Constitutional law utilises the principle of separation of powers.
Analyse the functions of the key state organs and their powers
(9 marks)
b) Discuss the passage of a bill in parliament (16
marks)
Topic- Law of contract
OPTION 3
a) Explain in detail any five essential elements of a valid contract (10
marks)
b) Describe the different forms of breach of contract and explain the
remedies for breach of contract
(15 marks)
QUESTION 4
OPTION 1
a) Distinguish between offer and acceptance. (12
marks)
b) Mistake is a misunderstanding regarding the facts, events or
circumstances in the contract. Analyse in detail the various forms of
mistake, making reference to various cases. (13
marks)
Topic – Intellectual property law
OPTION 2
a) Describe what constitutes infringement of intellectual property laws (10
marks)
b) Explain the works protected by copyright (15 marks)
Topic – Contract of lease
OPTION 3
Describe the duties of the lessor and lessee (8 marks)
b) Discuss the essential elements of a contract of lease (9 marks)
c) Discuss the concept of vicarious liability (8 marks)
Topic – Law of contract
QUESTION 5
OPTION 1
Analyse in detail, giving decided cases how the following factors affect
agreement:
a) Misrepresentation (9 marks)
b) Duress (8 marks)
c) Undue influence (8 marks)
OPTION 2
Discuss the following terms in relation to the law of contract:
a) agreement (10
marks)
b) ticket cases (5 marks)
c) contractual capacity (5 marks)
d) breach of contract (5 marks)
Topic – Law of sale
OPTION 3
Discuss the following in relation to the contract of sale
a) The essential elements of a contract of sale (8 marks)
b) Latent defects and its remedies (9 marks)
c) Forms of delivery in the contract of sale (8 marks)
