- 20 Marks
Question
a. Alternative Dispute Resolution (ADR) as a mode of resolving commercial disputes enjoys an edge over court litigation. Required: State SIX advantages of ADR. b. A trust is an equitable relationship for the benefits of persons or objects. Required: i. State THREE essential elements or certainties of a trust. ii. State THREE types of charitable trust. c. Hire purchase is a contract of possession with an option to the hirer to purchase the goods in due course. Required: State FIVE ways of terminating a hire purchase contract. d. Ethics and ethical codes differ from legal rules. Required: Explain ethics and ethical codes.
Answer
a. The advantages of Alternative Disputes Resolution (ADR) over litigation include the following:
i. It is faster.
ii. It is cheaper.
iii. It is flexible.
iv. It makes parties feel freer and more relaxed.
v. It is informal.
vi. It is confidential; and
vii. It encourages goodwill and friendliness of the parties towards each other.
b. i. The essential elements or certainties of a trust are:
Certainty of intention or word.
Certainty of object; and
Certainty of subject matter.
ii. The types of charitable trusts are:
Trust for advancement of education.
Trust for advancement of religion.
Trust for relief of poverty; and
Trust for other purposes beneficial to the community.
c. A hire purchase agreement may be terminated by:
i. A mutual agreement of the parties to rescind the agreement.
ii. The performance of all the obligations under the agreement.
iii. A provision in the agreement which allows the hirer to terminate the contract at any stage of the agreement without prejudice to his option to purchase the goods.
iv. Supervening circumstances like fire, destruction, act of God and other similar circumstances outside the control of the parties.
v. Repudiation by an aggrieved party since the aggrieved party may sue for the breach of an express or implied term and may in addition repudiate such agreement; or
vi. An order or judgment of court for conversion or detinue, which may in effect bring the agreement to an end.
d. Ethics consists of commonly acceptable mode of conduct or behavior in a given society. It is a moral persuasion against wrongdoings or unacceptable conducts. Ethical codes regulate the conduct of professionals such as chartered accountants, legal practitioners, doctors, and engineers in their dealings with their clients.
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