W1-2-60-1-6

JOMO KENYATTA UNIVERSITY OF AGRICULTURE AND

TECHNOLOGY
UNIVERSITY EXAMINATIONS 2017/2018
EXAMINATIONS FOR THE DEGREE OF MASTER OF SCIENCE IN CONSTRUCTION
ENGINEERING AND MANAGEMENT
ECE 3188: CONSTRUCTION LAW
DATE: JANUARY 2018 TIME: 3 HOURS
INSTRUCTIONS: ANSWER ANY FOUR QUESTIONS OUT OF SIX. EACH
QUESTION CARRIES EQUAL MARKS.

1a) Discuss breach of contract including remedies for the breach.

(17.5 marks)

b) Discuss the main reasons why contractual claims occur. (2.5 marks)

2a) Discuss the various classifications of property. (11.5 marks)

b) Discuss the characteristics of an easement in law of property.

(8.5 marks)

3a) Discuss Judicial precedence including the different types of precedent.

(10.0 marks)

b) Illustratively discuss “Frustration” in contracts. (4.0 marks)

c) Discuss the difference between “implied” and “express” terms in a

contract. How can terms be implied in a contract? (6.0 marks)

4a) Discuss

i) The pre-requisites of an arbitration reference (1.5 marks)

ii) Procedure for appointment of an arbitrator (2.5 marks)

iii) Essentials of a valid arbitration award (5.0 marks)

b) Discuss when an arbitration may be declared “international” or

“domestic”. (7.0 marks)

c) Discuss the advantages of using standard conditions of contract.

(4.0 marks)

5a) Discuss liability for negligent mis-statements. Under what circumstances

is the liability applicable? (6.0 marks)
b) Discuss when damage may be classified as consequential economic loss
or pure economic loss. Illustrate where possible (3.5 marks)

c) Discuss the obligations of the engineer or architect (as the project

manager) in a typical project. (8.0 marks)

d) A local authority instructed one of its employees to undertake a survey

of a house for a mortgage. The application form stated that the
valuation was confidential and only intended for the information of
the council and further that no responsibility was accepted for the
valuation of the condition of the house. The report was not made
available to the person who was taking the mortgage, but since the
council agreed to loan them the money they assumed that the
survey had not disclosed any serious problems. When they came to
sell the property some three years later a new survey revealed that the
house was subject to settlement and if it could be repaired at all,
would cost more them the purchase price. Discuss [2.5 marks]

6) Discuss :- [4.5 marks]

(i) Contributory negligence

(ii) Consent
(iii) Remoteness of damage

b) A ship was moored in a harbor when a party x while refueling the

ship spilt fuel into the harbor. After a few hours the fuel spread
towards party “B”‘s wharf. B was undertaking welding operations
at the time and this was not stopped as it was not thought that the
fuel would catch light. Sparks from the welding ignited some cotton
waste floating to the fuel. Which in turn ignited the fuel and “Bs”
wharf was destroyed in the fire. What advice “R” and “B”. [2.0 marks]

(c) On a certain construction site, a mason suffered injury caused by a

carpenters negligence. The injury was slight and sometimes caused
the mason to lose control of his leg. In spite of this the mason
went down a steep fire-escape without a handrail, his leg gave way
and he fell, breaking his ankle. Advice the mason and the carpenter.
[1.5 marks]

d) A man M and his brother were employees at Q”s quarry. In breach

of statutory regulations and instructions given by their employees,
they decided to test out some detonators without using the shelter
provided and M was injured. Advice M and Q. [1.5 marks]

e) Discuss the conditions that must be satisfied to determine a contract of

service. [2.5 marks]
f) Discuss the options available to an engineer if a main contractor
objects to the appointment of particular sub-contractor. [4.0 marks]

g) Discuss the breakdown of the submission by the contractor of a

monthly certificate. [4.0 marks]