Law and Citizenship Education Revision Questions

LAW AND CITIZENSHIP EDUCATION 1
INSTRUCTIONS TO CANDIDATES
This is Paper carries five sections. You are required to answer all the questions
N.B: Answer all questions in clear and good English. Write clearly.
SECTION I: INTRODUCTION TO LAW AND FUNDAMENTAL RIGHTS (20 MKS)
Answer all questions.
1) List and explain three valuable elements that must be present in a contract
(3marks)
2) List four enabling text of application in Cameroon (2marks)
3). States the sources of law (3marks)
4).What is law and how can law be classified (3marks)
5). `À’’ say to B`` I offer to sell to you my house for 5million francs only.
a) What type of contract has been concluded between A and B (1mark)
b) What are the elements that must be present for this contract to be valuable
(3marks)
c) Who are Minors and why is it that minors are not involve in contract
(2marks)
6) Explain the following elements in the law of contract that can vitiate a contract
a) Misrepresentation
c) Duress
d) Fraud (3marks)
SECTION II: CIVICS, ETHICS AND MORAL EDUCATION (20 MKS)
1) Defined the following with examples
a) Ethics
b) Civics
c) Deontology
d) Human Rights (4marks)
2) Gives 4 reasons why we study civics (2marks)
3) Distinguished between professional Competence and Autonomy (2 marks)
4) List 8 component of professional Ethics (2marks)
5) Discuss why we study professional ethics (5maks)
6) What are the differences between a Vocation, Profession and occupation with appropriate
examples (2marks)
7) Defined Nationality and List some of the elements behind the acquisition of nationality
(3marks)
SECTION III LABOUR LAW (20 MKS)
1 Defined the following
a) Contract of employment
b) Contract of Specified Duration
c) Contract of unspecified (3marks)
2) What are the various ways a contract of employment can be terminated?

(3marks)
3) States 5 Rights and 5 obligations of a worker or work man (3marks)
4) Write short notes on the following

a) Hour of work
b) Night work
e) Leaves
f) Dismissal
g) Damages (5marks)
5) List some of the duties of the employer (3marks)
6) State some of the characteristics of apprenticeship contract (3marks)
SECTION IV: BUSINESS LAW (20 MKS)
1) Discuss the following relationship in business law
a) Bankers and customer
b) Creditor and debtor relationship
c) Lessor and Lessee relationship
d) Principal and Agent relationship
e) Bail and Bailee relationship (10 marks)
2) Define the following terminology used in insurance law
a) Insurer
b) insurer/ Assured
c) Policy
d) Premium
e) Cover note
f) Parties
g) Third parties (10 Marks)

SECTION V COMPANY LAW (20 MKS)
1) States some of the Advantages and Disadvanges of OHADA Uniform Act with regards to
business law
(10 Marks)
2) Discuss dome of the conditions for the formation of commercial company under OHADA
Uniform Act
(10 Marks)
GUIDE I
I- INTRODUCTION TO LAW AND FUNDAMENTAL RIGHTS
1) What are some of the conditions that an offer can be terminated
An offer may be terminated in any of the followings way;
a) Revocation
b) Rejection
c) Lapse of time
d) Death
(3marks)
2) List four enabling text of application in Cameroon
a) Labour Code; it protects private persons
b) The Constitution: it governes the states and it citizens
c) The Penal code: it punishes the criminals in the state of Cameroon
d) Civil Code: it protects the person and the person property
(2marks)
3) States the sources of law
a) Romano- German System
b) Anglo- Saxon
c) Customs
d) Case law
3marks)
4).What is law and how can law be classified
a) Law is a body of rule of human conduct imposed by a state upon its members and enforced by
the courts.
b) Law can be classified into the following;
1) Criminal law
2) Public Law
3) Substantive law
4) Municipal law and Public international law
(3marks)
a) What type of contract has been concluded between A and B
a) Valid Contract
(1mark)
b) What are the elements that must be present for this contract to be valuable
There must be the following;
- Offer and Acceptance
- Consent
-Intention
-Consideration
-Legally binding
- Capacity of the parties
(3marks)
c) Who are Minors and why is it that minors are not involve in contract
- Minors are children below 14 years in this case they dont have the capacity to go into a contract
(2marks)
Misrepresentation is a false statement of fact make by one party of contract to another which
while being a contractual term induce the other party to enter into the a contract;
c) Duress
Duress in common law equivalent refers to pressure to somebody to into the contract
d) Fraud
Fraud is a fasle represention of matter of fact whether by words or by conduct, by false or
misleading allegation or concealment
(3marks)
II- CIVICS, ETHICS AND MORAL EDUCATION
a) Ethics
-The Foundations of Ethics, has as its starting point an acknowledgement of the moral
consciousness, and proceeds to pursue a critical study of it in light of the two main moral
theories. Ross asserts that the main strands found in common moral opinions are the idea of
morality as obedience to laws and the notion that moral action is concerned with obtaining
goods.
b) Civics
Civics is the exploration of one`s right and responsibilities as a member of society history,
social studies and politics are the main components of being a civically engaged citizen. ``
c) Deontology
Deontology according to Kant’s, is sometimes called deontological ethics, starts by
acknowledging that actions and their outcomes are independent thing
d) Human Rights
- They are Basic rights that fundamentally and inherently belong to each individual; Human
rights are freedoms established by custom or international agreement that impose standards of
conduct on all nations. Human rights are distinct from civil liberties, which are freedoms
established by the law of a particular state and applied by that state in its own jurisdiction.
(4marks)
2) Gives 4 reasons why we study civics
-The study of civics is important because it helps people to understand how government
works, and it provides people with knowledge about how to influence government as a
citizen.
- Generally speaking, civics is the study of what it means to be a citizen in a particular nation.
-Many people feel that studying civics is a critical part of being a citizen, because it helps
people understand their relationship to the government and each other.
- In every society, from an anarchist cooperative to a totalitarian regime, citizens have specific
rights and responsibilities, and being educated about these can be very empowering.
(2marks)
3) Distinguished between professional Competence and Autonomy
(2Marks)
a) Competence:
-Entails knowledge and responsibility i.e. meeting an appropriate standard of care;
b) Autonomy
Individual- governs his or her own conduct, often using moral rules as a basis, and exercises a
considerable degree of discretionary judgment within her daily work, but accepts the limits
within a cooperative practice.
4) List 8 component of professional Ethics

Honesty, Integrity, Transparency, Accountability, Confidentiality, Objectivity Respectfulness,
Obedience to the law and Loyalty.
(2marks)
5) Discuss why we study professional ethics

Professional ethics are important for several reasons.
- First, most professionals have an informational advent/age over those they serve. This
power asymmetry can be exploited to the advantage of the professional and thus there needs to
be a corresponding sense of professional responsibility that obligates the professional to act in
the client's best long term interest.
- additionally, to take appropriate safeguards and to make necessary disclosures and to secure
consent to protect the client and assure the professional's behavior is on the up-and-up.
-Professional ethics will provide the useful function of identifying these moral hazards and
providing the appropriate avoidance or work-around strategies.
- most professional are, at some point, young and inexperienced professionals. Thus
professional ethics represents a kind of collective, time-tested wisdom that is passed on to
professionals:
- professional ethics act as a somewhat effective countervailing power to organizational
influence or the power of authority (say, from a supervisor or boss). Thus accountants have
standard for reporting earnings and should not be swayed by a boss you say, in effect, "make the
number work" so that we hit our earnings estimate.
-Finally, insofar as professional ethics often get promulgated by professional organizations,
they may play a role in enforcement and disciplinary action with respect to those who violate
such standards.. (5maks)
examples
. -Vocation" literally means "calling" (cf. "vocal"). It refers to work that one does because of a
feeling of deep affinity, attraction and/or talent. I am a musician by vocation - I couldn't stop
even if I wanted to (which I don't!). Other areas normally defined as vocations (if they form a
large part of your daily life) are Art, Religion, Creative Writing, Design etc.
While "Profession" is an activity one "professes", i.e. consciously adopts and studies. By
convention, it generally refers to intellectual (rather than manual) pursuits which involve gaining
a recognized qualification, e.g. Teaching, Law. Note that ideally "profession" and "vocation"
overlap - a lawyer, by profession, will have much more job satisfaction if law is also her/his
vocation. Also, some professions involve a manual as well as an academic aspect, e.g.
engineering, science etc.
"Occupation" is a neutral, generic term indicating any activity that takes up a significant
quantity of time, but is normally used to refer to one that earns money, e.g. "What is your
occupation?" "I'm a car mechanic." Anyone from a street sweeper to a billionaire could define
their main activity as their "occupation." On official forms and documents, the category
"occupation" is normally where one would insert one's job-title, e.g. sales person, fashion
designer. (2marks)
7) Defined Nationality and List some of the elements behind the acquisition of nationality-
- Nationality refer to a person status as a citizen or member of a particular state to which he owes
allegiance.
- some of the elements are:
a) By Brith
b) By Descent
c) By Naturalisation
d)By marriage
e) By Adoption (3marks)
III- LABOUR LAW AND SOCIAL SECURITY

This is an agreement between an employer and an employee in which the employee willfully
undertake the place his gainful services in returen for a salary.
b) Contract of Specified Duration i
This is a contract whose duration is fixed in advance by the free will of the parties
c) Contract of unspecified
This is a contract of emploment in which niether the employer nor the employee knows the
when it will come to end
(3marks)

- When there is a serious mis-coduct
- Force Majeure
- Death
- During Pregnancy
(3marks)
3) States 5 Rights and 5 obligations of a worker or work man
a) 5 obligations of a worker;
- The duty to serve
-The duty of Subordination
-The duty to indemnify
- The duty of fidelity
- The duty to account
b) 5 Rights of a worker are;
This is Paper Carries Five sections. You are required to answer all the questions
N.B: Answer all questions in clear and good English. Write clearly.
SECTION 1: INTRODUCTION TO LAW AND FUNDAMENTAL RIGHTS (20 MKS)

a) Magistrates
b) Court registrars
c) lawyers/Bailiffs
d) Judicial Police officer
e) Officer of the penitentiary 10marks
2) Briefly explain the following in civil and common law;

a) Domicile of origin
b) Domicile of Choice
c) Domicile of Dependent 5marks
3) What is good governance? What are some of the good governance standard in the public
service and public sector?
b) What are some of the good governance standard in the public service and public sector
5marks
SECTION 2: CIVICS, ETHICS AND MORAL EDUCATION, CITIZENSHIP
EDUCATION. (20 MKS)
1) What is moral conscience and the 4 categories of moral conscience (8marks)
2) State some of the good governance principles (2marks)
Write short notes on the following
a) Citizen
b) Nation
c) State
d) public property (6marks)
3. States and explain the functions of the Senate in Cameroon (4marks)
SECTION 3: LABOUR LAW (20 MKS)

a) What is a trade union and what are some of the function of trade union (10marks)
b) Who is a staff representative and what role do they play in an enterprise (8marks)
c) What is industrial actions (2marks)
SECTION 4: BUSINESS LAW (20 MKS)

a) Discuss the basic principle of insurance (10marks)
b) Distinction between the following words
a) Guarantees and securities
b) Negotiable Instruments
c) Promissory note
d) Bill of exchange 10marks
SECTION 5: COMPANY LAW (20 MKS)

a) Societe anoyme (SA)
b) Societe a responsibilite Limitee (SARL)
c) Limited liability companies
d) Partnership business (10marks)
2) State the Administrative functions of the OHADA Uniform Act (5marks)

3) Briefly explain 4 characteristics of the partnership company (5marks)
MAKING GUIDE OF THE LAW PAPER

SECTION 1: INTRODUCTION TO LAW AND FUNDAMENTAL RIGHTS
a) Magistrates
-A magistrate is a legal officer charge with the duty of handing down judgement especially in
lower counts in Cameroon. We can make a distinction between the magistrates of the Bench,
magis strate of the legal department.
b) Court registrars
-These are the court officials who take down minutes of proceeding in court reads out
adjournments and type court judgement. The chief Registrar issues out writs of summons. All
declaratory judgement and other court documents are kept by him
c) lawyers/Bailiffs
- A lawyer is a person who has receives adequate training in law and has been licensed to
practice law. In Cameroon we can make a distinction between a solicitor; an advocate and a
notary
- A Balliff is a court ooficial charged with the enforcement of court judgements of the court e;g
liquidating the property of a debtor to make up his debts
d) Judicial Police officer
- These assist the legal department (state counsel) in preliminary investigations and submit their
findings to the state Counsel who decide; based on the evience gathered; whether or not to prefer
a charge in court against an accused in crime.
e) Officer of the penitentiary

-After being convicted and sentenced an accused is placed in the hands of the penitentiary; They
are thus an auxiliary of the court as they have custody of all convicted persons and presence
them in court when the need arises. They are called warder.
(10marks)
2)
Briefly explain the following;
a) Domicile of origin
- This domicile attaches at birth; A legitimate child takes after the domicile of his father; an
illegitimate child takes that of the mother and a founding abandoned child whose parents are
unknown acquires the domicile of the place where it is found.
b) Domicile of Choice
-Where a person of full age and capacity establishes himself in a country; with the intention of
remaining there permanently (such country being different from his last domicile; he is regarded
as acquiring a domicile of choice
c) Domicile of Dependent
- A minor takes the domicile of his parents (father); A child may take its mother’s domicile if
it is an illegitimate child or where the spouses are separated and the child makes his home with
the mother. (5marks)
3) What is good governance? What are some of the good governance standard in the public
service and public sector?
- The word is sometimes used to capture the totality of activities necessary for a well-managed
organization, a collective noun for administrative and managerial activity. Sometimes it
describes the higher order deliberative and strategic activity of a company’s board or chief
executive. Governance is the distribution of authority to make decisions and the systems of
accountability for exercising that authority. Good governance is the qualitative state of
excellence in decision-making.
b) What are some of the good governance standard in the public service and public sector?
- There are some standards that states needs to be put in place for good governance to be
implemented;
• Focusing on the organization`s purpose and outcomes (results) for citizens and service
users.
• Performing effectively in clearly defined functions and roles.
• Promoting values for the whole organization and demonstrating the values of good
governance through behavior.
• Taking information transparent decisions and management risk
• Developing the capacity and capability of the governing body to be effective.
• Engaging stakeholders and making accountability real.
(5marks)
SECTION 2: CIVICS ETHICS AND MORAL EDUCATION, CITIZENSHIP

EDUCATION
1) What is moral conscience and the 4 categories of moral conscience

(8mark
- Moral conscience urges a person to do good and avoid evil, it even judges his particular
choices in the past the present and the future. moral philosophy, psychology and related fields
generally fall into one of the following 4 broad categories:
(a) Conscience as emotive response. On this view, conscience is nothing more than an emotive
response conditioned over time by genetic factors, environment and other socializing factors, in
addition to psychological forces deep at work in our own psyche. So conceived, conscience
particularly when manifested as guilt is to be overcome or ignored or otherwise harmoniously
integrated into our own everyday life in a way that it does not become an obstacle to our “life
style choices,” “values,” “self-projects,” and so on.
(b) Conscience as built in moral guidance system. Here, conscience is understood to be a kind
of natural faculty or power. Some depict it as the very voice of God who, through conscience,
can guide our actions directly. If not so depicted, it is presented as at least responding to the
external dictates of moral authority in the manner of an internalized moral GPS: “do this,” “avoid
that,” “too much more and you will cross the line,” and so on.
(c) Conscience as moral sense. A third misconception, presents conscience as a kind of intuition
which simply cannot be accounted for or explained in terms of human reasoning. Sometimes
called the “moral sense,” conscience, from this viewpoint, must be developed much like
developing the ability to judge a good wine, pick a winning race horse, assess a person’s
character, or keep a group of school children well behaved and attentive.
(d) Conscience as moral opinion. Finally, a fourth misconception presents conscience as simply
as the process by which I give consideration to moral matters and come up with my best
judgment essentially my opinion about what I, or others, ought to do or not to do. When I am
convinced of this judgment, it enjoys primacy over all other moral points of reference, trumping
any other considerations. As such, my “judgment of conscience” that is, my best formed opinion
on the moral matter at hand is infallible and absolute: my conscience is my moral compass,
period.
2) State some of the good governance principles
(2marks
- Some of the Good Governance principles are,
- Transparency, Accountability, Effectiveness, Efficiency, Rule of law, participation,

inclusive, Responsiveness, Consensus oriented,
a) Citizen
A citizen is a person owning loyalty and entitled by birth to the protection of state or nation.
And he or she can be a member of the coummunity, be it a village, town or a country. A citizen
can be passive, Active or bad.
b) Nation
A nation is stable community of people formed on the basis of a common language, territory,
some nations are ehic group for the most part members of a nation remain stranger to each other
and will likely never meet.
c) State
A state is a political organisation of a society or the body of politic or more narrowly, the
institutions of government. A State is a form of human association; which is being make up of a
population, territory and sovereignty
d) public property
A public property is property is dedicated to public use and is a subset of state property. The
term may be used either to describe the use to to which the property is, for example parking lots,
library are good example of a public good.
(6marks)
4) States and explain the functions of the Senate in Cameroon
(4marks)
a) To ensure adequate representation of the people of all the regions of Cameroon
b) To privide adequate security of the state budget.
c) It provide a smooth transition in case of incapacitation or dead of the president of the

republic
d) To provide protection against the government, with a disciplined majority in the

national assembly introducing extreme
e) To review legislative and other proposals initiated by the government and members of
parliament and ensures proper consideration of all registration
(4marks)
SECTION 3: LABOUR LAW
a) What is a trade union and what are some of the function of trade union
(10marks)
a) A trade union is an organized association of workers formed to protest their interest

and to improve on their working condition as per section 3 of the Labour code
- Some of function of the trade union are;
1) Collective bargaining and job protection; the unions negotiate over wages terms of work
also seeks to achieve job protection for its workers
2) Social and welfare benefit, unions organize a number of social and recreational activities
for its members like clubs, giving legal help or advice on employment matters providing
rest and making payments to cover illnesses and accidents
3) Political Activities, A cross- section of trade unions are affiliated to the party in power,
and make substantial representation on the policy- making body of the party
b) Who is a staff representative and what role do they play in an enterprise
(8marks
A staff representative is a worker elected by his working colleagues to represent them and
speak for them, in brief he acts as a middleman between the employer and the employer
and the employees. Section 122 of the labour code states that staff representative shall be
elected in any establishment located within the national territory, employing on regular
basis.
- Some of the functions of the staff representatives are as follows;
- Section 128 of the labour code outline the functions of the staff representative as follows;
a) He refer to the employer as any individual or collective demands in respect of
employment, worker’s protection and wage rates
b) He refer to the labour inspector all complaints relating to the application of the laws and
regulations
c) He ensure that the rules relating to the hygiene and safety of workers are observed
d) He transmit to the employer any useful suggestions for improving the organization and
output of the establishment.
c) What is industrial actions
(2marks
The most industrial action is a strike, is a collective disruption of work by workers of an

establishment inorder to force their employer to comply with their demands.
SECTION 4: BUSINESS LAW
a) Discuss the basic principle of insurance
(10marks
Basic Principles of Insurance
The basic principles which govern the insurance are-
1) Principle of utmost good faith:
A contract of insurance is a contract of ùberrimae Fidei’ utmost good faith. The hallmark of
insurance is the principle of Uberrimae fidei or utmost good faith.
This means the insured must disclose all material facts of the contract which he knows or ought
to know would influence the judgement of the insurer in determining whether or not to insure the
risk or to insist on a higher premium for accepting to bear the risk.
The insurer also has a duty not to conceal material facts relating to the insurance policy. Failure
of either side to disclose such material facts renders the insurance voidable. Both insurer and
insured should display the utmost good faith towards each other in relation to the contract. In
other words, each party must reveal all material information to the other party whether such
information is asked or not. There should be any fraud, non-disclosure or misrepresentation of
material facts. Example- in case of life insurance, the insured must revel the true age and details
of the existing illness/ diseases. If he does not disclose the true fact while getting his life insured,
the insurance company can avoid the contract. Similarly, in case of the insurance of a building
against fire, the insured must disclose the details of the good stored, if such goods are of
hazardous nature. A material fact means important fact which would influence the judgement of
the insurer in fixing the premium or deciding whether he should accept the risk, on what terms.
All material facts should be disclosed in true and full from
2) Principle of insurance Interest
This principle requires that insured must have an insurable interest in the subject matter of
insurance. Insurance interest means some pecuniary interest in the subject matter of contract of
insurance. Insurance interest is that interest, when the policy holders get benefited by the
existence of the subject matter and loss if there is death or damage to the subject matter. For
example- In life insurance, a man cannot have insured the life of a stranger as he has no insurable
interest in him but he can get insured the life of himself and of persons in whose life he has
pecuniary interest. So in the life insurance interest exists in the following cases;
-Husband in the life of his wife and wife in the life of her husband
-Parents in the life of a child if there is pecuniary benefit derived from the life of a child
-Creditor in the life of debtor
-Employment in the life of an employee
-Surety in the life of a principle debtor
In life insurance, insurable interest must be present at the time when the policy is taken in fire
insurance, it must be present at the time if loss if subject matter. In marine insurance, it must be
present at the time of loss of the subject matter.
3) Principle of Indemnity
Indemnity according to the Cambridge International Dictionary is ``protection against possible
damage or loss’’ and the Collins Thesaurus suggest the word` Guarantee’’ ``Protection, Security
``Compensation, Restitution’’ and Re-imbursement’’ amongst others as suitable substitute for
the word `ìndemnity’’. The words protection, security compensation etc. are all suited to the
subject of insurance but the dictionary meaning or the alternate words suggested do not convey
the exact meaning of Indemnity as applicable in insurance contracts. In Insurance the word
indemnity is defined as ``financial compensation sufficient to place the insured in the same
financial position after a loss as he enjoyed immediately before the loss occurred’’. Indemnity
thus prevents the insured from recovering more than the amount of his pecuniary loss. It is
undesirable that an insured should make a profit out of an event, like a fire or a motor accident
because if he was able to make a profit there might well be more fires and more vehicle
accidents. As in the case of Insurable interest the principle of indemnity also relies heavily on the
financial evaluation of loss but in the case of life and disablement it is not possible to be precise
in terms of money.
This principle is applicable in case of fire and marine insurance only. It is not applicable in case
of life, personal accident and sickness insurance. A contract of indemnity means that the insured
in case of loss against which the policy has been insured. Shall be paid the actual cost of loss not
exceeding the amount of the insurance policy. The purpose of contrac of insurance is to place the
insured in the same financial position, as he was before the loss. In life insurance, principle of
indemnity does not apply as there is no question of actual loss. The insurer is required to pay a
fixed amount upon in advance in the event of accident, death or at the expiry of the fixed term of
the policy. Thus, a contract of a life insurance is a contingent contract and not a contract of
indemnity
How is indemnity provided?
The insurers normally provide indemnity in the following manner and the choice is entirely of
the insurer
• Cash payment
• Repairs
• Replacement
• Reinstatement
• Cash payment
In majority of the cases the claims will be settle by cash payment (through cheques ) to the
assured. In liability claim the cheques are made directly in the name of the third party thus
avoiding the cumbersome process of the insurer first paying the insured and he in turn paying to
the third party.
2) Repair
This is a method of indemnity used frequently by insurer to settle claims. Motor insurance is the
best example of this where garages are authorized to carry out the repairs of damage vehicles. In
some countries Insurance companies even own garages and insurance companies spend a lot on
Research on motor repair to arrive at better methods of repair to bring down the costs.
• Replacement
This method of indemnity is normally not preferred by insurance companies and is

mostly used in glass insurance where the insurers get the glass replaced by firms with
whom they have arrangement and because of the volume of business they get
considerable discounts the true value of the lost item.
5) Reinstatement
This method of indemnity applies to property insurance where an insurer undertakes to

restore the building or the machinery damaged substantially to the same condition as
before the loss. Sometime the policy specially gives the right to the insurer to pay money
instead of restoration of building or machinery. Reinstatement as a method of indemnity
is rarely used because of its inherent difficulties e.g , If the property after restoration
fails to meet the specifications of the original in any material way or performance level
then the insurer will be liable to pay damages.
Secondly, the expenditure involved in restoration may be much more than the sum
insured as once they have agreed to reinstate they have to do so irrespective of the cost.
6). principle of Contribution
The principle of contribution is a corollary to the doctrine of indemnity. An individual may have
more than one policy on the same property and in case there was a loss and he were to claim
from all the insurer then he would be obviously making a profit out of the loss which be
obviously making a profit out of the loss which is against the principle of indemnity. To prevent
such a situation, the principle of contribution has been evolved under common law. Contribution
is the right of the insurer to invite other insurers with which the insured had taken out a policy, to
share or contribute to indemnify an insured for the occurrence of a risk that was insured against.
The right of contribution arises when:
• There are different policies which related to the same subject matter;
• The polices cover the same period which caused the loss;
• All the polices are in at the force at the time of loss; and
• One of the insurers has paid to the insured more than his share of loss.
7) Principle of Subrogation
Subrogation in insurance parlance refers to the circumstance in which an insurance company

tries to recoup expenses for a claim it paid out when another party should have been responsible
for paying at least a portion of that claim. Subrogation entitle an insured`s right and remedies in
the subject matter of the insurance. The doctrine of subrogation is a collorary to the principle of
indemnity and applied only to fire and marine insurance. According to doctrine of subrogation,
after the insured is compensated for the loss caused by the damage to the property insured by
him, the right of ownership to such property passes to the insurer after settling the claims of the
insured in respect of the covered loss. A loss may occur accidentally or by the action or
negligence of third party. If the insured suffer a loss because of action of third party and he is in
a position to recover the loss from the insurer then insured cannot take action against third party,
his right is subrogated (substituted) to the insurer on settlement of the claim. The insurer,
Therefore, can recover the claim from the third party. If the insured recovers any compensation
for the loss (due to third party), from the third party, after he has already been indemnified by the
insurer, he holds the amount of such compensation as the trustee if the insurer is entitled to the
benefits out of such rights only to the amount he has paid to the insured as compensation.
8) Principle of Causa proxima:
Causa proxima, means proximate cause or cause which, in a natural and in broken series
of event, is responsible for a loss or damage, the insurer is liable for loss only when such
a loss is proximately cause by the peril insured against. The cause should be the
proximate cause and cannot be the remote cause. If the risk insured is remote cause of the
loss, then the insurer is not bound to pay compensation. The nearest cause should be
considered while determining the liability of the insured. The insurer is liable to pay if the
proximate cause is insured. Example- In a marine insurance policy, the goods were
insured against damage by sea water, some rats on the board made a hold in a bottom of
the ship causing sea water to pour into the ship and damage the goods. Here, the
proximate cause of loss is sea water which is covered by the policy and the hole made by
the rats in a remote cause. Therefore, the insured can recover damage from the insurer.
Example- A ship was insured against loss arising from collision. A collision took place
resulting in a few days’ delays. Because of the delay, a cargo of orange becomes
unsuitable for human consumption. It was held that the insurer was not liable for the loss
because the proximate cause of loss was delay and not the collision of the ship.
10) Principle of Mitigation of loss
An insured must take all reasonable care to reduce the loss. We must act as if the property
was not insured. Example- if a house is insured against fire, there is accidental fire, the owner
must take all reasonable step to keep the loss minimum. He is supposed to take all step which a
man of ordinary prudence will take under the circumstances of save the insured property.
b) Distinction between the following words
a) Guarantees and securities

A bank guarantee is a promise from a bank or lending institution that, if a borrower
defaults on repayment of a loan, the bank will cover the loss. A bond is a debt instrument
in which an investor loans money to a corporation of government institution in return for
some amount of interest earned over the life of the bond. So while a boan is essentially a
loan issued by an entity and invested in by outside investors, a back guarantee is a promise
that can be included in a bank loan
b) Negotiable Instruments
A negotiable instrument is a written contract containing unconditional promise or order to

pay a specific sum on demand or on a specified date to specified date to a specific person or
bearer.
- A negotiable instrument is a written document which creates a right in favour of some

person which is freely transferable.
c) Promissory note
It is sometimes referred to as a payable, is a legal instrument, in which one of the party

promises in writing to pay a determinate sum of money to the other, either at a fixed or
determinable future time or on demand of the payee, under specific terms.
d) Bill of exchange
A bill of exchange is an instrument in written form containing an unconditional order

sign by the maker directing a person to pay a certain sum of money only to or to the other
of a certain person or to the bearer of the instrument.
10marks
SECTION 5: COMPANY LAW
a) Societe anoyme (SA)
Societe anonyme Or SA is a Public Limited Company (PLC) better still SA is a type stock
company generally used for large investment. It is a type of company where participation is
based more on the capital invested than on the status of the shareholders. These are large
companies which sell their shares or actions to ordinary members of the pubic as investors.
b) Societe a responsibilite Limitee (SARL)
Societe a responsibilite Limitee (SARL is by far the most common form of business
organisation under the OHADA system. It is defined under Article 309 of the UACC as a
company in which the members are liable for the company debts up to the limit of their
contribution and their rights are represented by company shares.
c) Limited liability companies
Limited liability companies also known as Societe des capitaux are companies in which the
contribution of each member to the capital of the company is important. This means in other
word that, the financial aspect of such companies is of prime importance.
d) Partnership business
Partnership business is a legal relationship form by the agreement between two or more
individuals to carry on a business as co-owners. A partnership is a business with multiple
owners, each of whom has invested in the business. Some partnership includes individuals who
work in the business, while other may include partners who have limited participation and also
limited liability.
10marks
2) State the Administrative functions of the OHADA Uniform Act
5marks
Some of the administrative functions of the OHDA Uniform Act are as follows,
1) It adopt the annual budget of the common court of justice and arbitration
2) It decides the amount of annual contribution paid by member states
3) It elect members of the common court of justice and arbitration.
4) It appoints auditors
5) It approves the acts of the institution
3) Briefly explain 4 characteristics of the partnership company
5marks
1) Agreement; there must be agreement between the parties concerned. This the most
important characteristics of partnership. Without agreement partnership cannot be
formed, no agreement no partnership. But we should note that only competent persons are
entitled to make contract.
2) Number of partnership, there should be more than one person to form a partnership,
but there is restriction for a maximum number of partners. In case of ordinary business,
the partner must not exceed 20 and in case of banking must not exceed 10 before
nationalization.
3) Business,
The object of the formation of partnership is to carry out any type of business, It may be
illegal business in the country concerned.
4) Profit Motive,
The basic motive of formation of partnership is to earn profit. This profit is distributed
among the partners according to agreed proportion. If there is loss it will be sustained by
all partners except the minor.
Instructions. Answer all questions. Logical presentation, grammar, neat work and good
handwriting count.
SET 1
Section A: Introduction to Law and Fundamental Rights. (20 marks)

1) With concrete examples, critically examine the different categories of courts in
Cameroon.
Section B: Civics, Ethics, Moral and Citizenship Education. (20marks)

2) Discuss any five necessary indicators put in place to ensure good governance in
Cameroon.
SECTION C: LABOUR LAW. (20MARKS)

3) Examine the types and forms of labour contract enacted by the 1974 and 1992 Labour
code.
SECTION D: BUSINESS LAW: (20MARKS)
4) The bank is under the legal obligation to keep his customer’s affairs secret, but this duty
of secrecy is not however absolute. Comment
Section E: Company law: (20marks)
5) State the rule of law established in the case of Salomon v. Salomon Co. Ltd. and bring
out its merits
MARKING GUIDE= SET 1:
Section A: Introduction to Law and Fundamental Rights. (20marks)
The students are expected to examine the various courts that fall under the following categories
of courts in Cameroon.
Introduction =2Marks
 Courts of Original jurisdiction

 Courts of Appellate jurisdiction
 Courts of Special Jurisdiction
6x3= 18marks Total= (20 marks)
Section B: Civics, Ethics, Moral and Citizenship Education. (20marks)
 Accountability
 Participation
 Effectiveness and efficiency
 Equity
 The rule of Law
 Consensus oriented 4x5= (20 marks)
SECTION C: LABOUR LAW. (20MARKS)
3. A worker is any person erective of sex or nationality who voluntarily offers his/her
services in return for remuneration.
A labour contract is an agreement where the worker employs, undertakes, to put his/her
services under the control and supervision of another person called employer against
remuneration. (4marks)
The 1974 Labor Code provided for 2 types of labor contract namely;
 Contract of employment with specified duration

 Contract of employment with unspecified duration. (8 marks)
The 1992 labor code therefore provided for the other forms of labor contract namely
- Temporal job
- Seasonal job
- Occasional contract. (8marks)
SECTION D: BUSINESS LAW. (20MARKS)
The general rule is that, banks are, not supposed to disclose her customer’s affaires
(5 marks)
Exceptions
1. Customers own interest

2. In matters of criminal procedure
3. in matters of civil procedure, divorce etc
4. Customers consent.
5. Death of the customer. 3x5= (15marks)
Section E: Company Law. (20marks
 The students are expected to state the general Rule (2marks)

Merits
 Limited Liability
 Perpetual succession
 Transferability of shares
 Nationality
 Once a company is registered it can sue or be sued
 It has the possibility to own property in his own name 6x3= (18 marks)Total=20
Instructions: Answer all questions. Logical presentation, grammar, neat work and good
handwriting count.
SECTION A: Introduction to Law and Fundamental Rights. (20 marks)

1. Examine five fundamental principles guiding the administration of justice in Cameroon.
SECTION B. Civics, Ethics, Moral and Citizenship Education. (20marks)

2. Critically examine five different methods for the acquisition of Cameroonian nationality.
SECTION C.Labour Law. (20marks)

3. A contract of employment is said to be synallagmatic. Explain how this is achieved in
labour relations in Cameroon.
SECTION D. Business law: (20marks)

4. “Certain characteristics are peculiar to insurance contracts which are not found in ordinary
contract law” Asses the veracity of this statement.
SECTION E. Company law: (20marks)

5. Examine the discrepancies that exist between public Limited Companies and private limited
companies as provided for by the OHADA Law.
MARKING GUIDE- SET 2
1. The students are expected to state and explain the following principles;
- Public administration of justice
- Justice should be rendered free of charge
- Reasoned judgment
- Unity of criminal and civil courts
- Decentralization of courts systems. 4marks each x 5= (20marks.)
2. The various modes of acquiring Cameroonian Nationality are as follows,

- By Birth
- By marriage
- By adoption
- By Territorial expansion
- By Naturalization etc. 4 x5marks each= (20marks.)
3. This question therefore requires the student to bring out the duties of the employer and that of
the workers.
a) Duties of the employer
 duty to pay
 Duty to provide rest periods
 Duty to provide work
 Duty to provide safe working environment
 Duty to provide worker's certificate of service 2marks each= (10marks.)
b) Duties of the Employee
 Duty to render faithful service

 Duty of skill and care
 Duty to render personal service
 Duty to obey reasonable orders
 Duty of secrecy. 2marks each = (10 marks.)
4.The following points are necessary;

- Contract of adhesion
- Contract of utmost good faith
- Aleatory contract
- Unilateral contract
- Conditional contract 4x5= (20marks)
5. This question requires the students to bring out the differences that exist between Public and
Private limited companies.
i. - The management in a public limited company is more complex than in a private
limited company.
ii. The face value of shares in a public limited company cannot be less than 10000 and
private limited company cannot be less than 5000
iii. The appointments of statutory auditors are compulsory in public limited companies
than in private limited companies.
iv. The minimum capital in a public limited company is 10 million while private limited
company is 1 million.
v. S.A stands for public limited companies and Sarl stands for private limited companies.
4 marks each x 5= ( 20marks)
SECTION A: 20 MARKS INTRODUCTION TO LAW AND FUNDAMENTAL

RIGHTS
1 What are three categories of crimes in Cameroon according to section 21(1) of the penal
code? (2marks)
2 State three courts of special jurisdiction and outline their competent. (5marks)
3 Which courts in Cameroon are competent to hear appeals? (2marks)
4 Define corporate personality. (3marks)
5 There are two legal systems in Cameroon. What difference exist between the two.
(4marks)
5 What are the sources of Cameroonian law? (4marks)

SECTION B 20 MARKS :CIVICS ETHICS EDUCATION AND CITIZENSHIP
EDUCATION
1 What are the rights and obligations of the Cameroonian citizens? (5marks)
2 How can a foreigner who wish to live in Cameroon acquire his or her nationality?
(5marks)
3 What are the code ethics? (3marks)
4 Define the following concepts
a) Morality
b) Law
c) Ethics
d) Deontology
e) Professionalism (5marks)
5 Who is a citizen? (2marks)
SECTION C 20 MARKS): LABOUR LAW
According to section 1(2) of the Cameroon labour code worker shall any person
irrespective of sex or nationality who has undertaken to place his services in return for
remuneration under the direction and control of another person whether an individual or a
public or private corporation considered as the employee.
Work Required
a) State and briefly explain three types of labour jobs in Cameroon.(5marks)

b) Outline six categories of workers in Cameroon who are not governed by the labour
(5marks)
c) Night work in industries shall be prohibited for women and children but this
prohibition shall not apply to ---------------------------------------- and
----------------------------------- (2marks)
d) Action for the recovery of wages shall be barred by limitation after
------------------------------ year? (1mark)
e) Outline two role of staff representatives. (3marks)
f) Define the following concepts
- Contract of employment of specified duration
- Labour law
- Labour contract
- Probationary period
- Trade Union (5marks)
SECTION D 20 MARKS BUISNESS LAW
1 State five ingredients of a valid contract. (5marks)
2 What relation exist between banker and customer. (5marks)
3 Distinguish between insurable interest and indemnity. (5marks)
4 What are the various requirements that must be include in an award.(5marks)
SECTION E 2O MARKS COMPANY LAW.
1 Distinguish between limited and unlimited liability companies (5marks)
2 When is a company incorporated? (3marks)
3 Outline the institution of OHADA.(4marks)
4 What is the difference SARL and Defactor Company (4marks?)
5 State five content of the Articles of Association (4marks)

MARKING GUIDE
SECTION A INTRODUCTION TO LAW AND FUNDAMENTAL RIGHTS
- Felony
- Misdemeanor
- Simple offence
- MILITARY COURT
- Theft committed by fire arm
- Offences committed by the military
- Offences committed by civilian in a military establishment
COURT OF IMPEACHMENT
To punish president if he is not performing his duties
To punish president and ministers for high treason
To punish high government officials
THE COUNSTITUTIONAL COUNCIL
The constitutionality of laws treaties and international agreement
The National Assembly and the Senate
Conflict of power between institutions
3 The Court of Appeal
The Supreme Court
4 Corporate personality or known as legal personality means once e a company has

been incorporated or register in the Trade and Personal Property Credit Register
(TPPCR) it has legal personality, it can sue and be sued, own property and can dispose of
it.
5 Cameroon has two legal the COMMON AND CIVIL LAWS

Common law imported from Britain its main characteristics is JUDGE MADE LAW
and this were unwritten laws
Civil law were laws imported from France and were written laws also known as the
Napoleon.
6 INTERNAL SOURCES
Constitution
International treaties conventions and agreements
Legislation
Customs
EXERNAL SOURCES
Common law
Civil law
SECTION B CIVICS ETHICS AND MORAL EDUCATION AND CITIZENSHIP

EDUCATION
RIGHTS AND OBLIGATIONS
- Right to life
- Equality before the law
- Right to work
- Right to Education
- Freedom of speech
2 ACQUISITION OF NATIONALITY
- Birth
- Marriage
- Adoption
- Naturalization
- Territorial acquisition
3 CODE OF ETHICS
-Honesty, Impartiality, Independence, and Competence
4 MORALITY means recognized rules of correct conduct
LAW there are set of rules and regulations put in place by a country to guide the conduct
of her citizens in order to maintain peace and order
DEONTOLOGY deals with code of good behaviour
PROFESSIONALISM to have a right approach in public advocacy and to lobby
A citizen is an indigene of that country and have to enjoy political economic and social
cultural rights
in the state.
SECTION C LABOUR LAW
- A temporary job is one in replacement of an absent worker or one whose

contract has been suspended.
- An occasional job is also one aimed at coping with unexpected growth in the
activity of the company
- A seasonal job is one generated by the cyclical or climatic nature of the company
activities
2 Civil servant, Court officials, Barristers, Bailiffs, public Notary, chartered

Accountant
3 – Women with executive post or duties
- Women working in services not involving manual labour
4 3 years
5 - Represent the workers
- Ensure that the rules relating to hygiene and safety of workers to social
insurance is observed
6 DEFINITION OF CONCEPTS
- A contract whose termination is known in advance by the two parties to the

contract
- There are laws that regulate the relationship between the employer and
employee
- A contract signed between two parties the employer and employee to regulate
their relationship governed by the labour code.
- It is also known as trial period , a period of test to know the technical knowhow
or expertise of the worker
- Trade Union is an association form to protect the interest of workers in an
enterprise.
SECTION D BUSINESS LAW
Offer and Acceptance, consideration, consent, Must be in writing, must be

legal
2 - Relationship of Debtor and Credit
-Relationship of Agent and Principal
- Relationship of Bailor bailee
3 Insurable Interest means an interest a person has in the property insured,

while indemnity is compensation for the loss cause
4 REQUIREMENT OF AN AWARD
- Name of the parties

- Signatures of arbitrators
- Reason for the award
- Given by a simple majority
SECTION E COMPANY LAW
- UNLIMITED LIABLE COMPANY It is a company that is liable to the company

debts only up to the amount of their respective contributions
While unlimited liable company, under this company the shareholders does not
have any limit to their respective contributions.
2 A company is incorporated when it has been register in the Trade and
Personal Property Credit Register (TPPCR)
3 Council of ministers of finance and justice, Common court of justice and
Arbitration, Permanent Secretariat, School of judiciary
4 SARL is a commercial company in which the shareholders are liable for the
company debts only up to the amount of their respective contributions, while a
defector company is one that is existing in fact but not in law (an illegal
company)
5 CONTENT OF THE ARTICLES OF ASSOCIATION
- Name of the company
- Object
- Name of shareholders
- Name of first Directors
- Contributions of shareholders
Instruction: Answer all the questions. You are reminded for good English and orderly
presentation of your work.
SECTION A 20 MARKS INTRODUCTION OF LAW AND FUNDAMENTAL RIGHTS
Is the law a repressive evil or social necessity? (5marks)
2 State the object of criminal law according to the Wolfendem Committee on Homosexual
offences and protection. (5marks)
3 What is rhe importance of criminal law to the Cameroonian society? ( 5 marks)
4 Are there any exceptions to the principle that all persons are equal before the law?
(5marks)
SECTION B 20MARKS CIVICS ETHICS AND MORAL EDUCATION AND

CITIZENSHIP EDUCATION
Give the description and meaning of the Cameroon flag.(5marks)
What are the national symbol of Cameroon? (5marks)
State five rights of a child. (5marks)
Briefly explain the organs of government. (5 marks)
SECTION C 20 MARKS LABOUR LAW
1
Distinguish between contract of employment of specified duration and unspecified
duration. (5marks)
State conditions for a valid apprenticeship contract. (5marks)
Define the following concepts in labour law
a) Certificat de travail
b) Express contract
c) Contract of employment
d) Force or compulsory labour
e) Night work (5marks)
4 A nursing mother who is a worker shall be entitled to nursing break and the duration of
the shall not exceed ---------------------------------- (2marks)
State two classes of persons in Cameroon that are prohibited from night work. (3marks)
SECTION D 20 MARKS BUISNESS LAW
In what circumstances may an arbitration award be set aside? (5marks)
a) Define a tax
b) State the component of a good tax (5 marks)
Outline five characteristics that are peculiar to and make an insurance contract diferent
from other types of contracts (5marks)
4
What are the objectives of African Intellectual property organization? (5marks)
SECTION E 20MARKS COMPANY LAW
Every company must have a register office briefly explain what is mean by REGISTER
OFFICE.(5MARKS)
Define the following concepts
a) Certificate of incorporation
b) Dividend
c) Quorum
d) Shareholder
e) Defactor company (5marks)
Under which conditions may a company wind up? (5marks )
a) Give the full meaning of OHADA (2Marks)

b) What are the objectives of OHADA (5marks)
ANSWER GUIDES
SECTION A ; INTRODUCTION TO LAW AND FUNDAMENTAL RIGHTS
1
Law consists of rules of conduct established by the government of a society to
maintain harmony, stability, predictability and justice within the society. Law is a
social necessity and not a repressive evil because the primary aim of law is to enforce
a certain standard of behavior among citizens of a particular state and in the interest
of peace good order progress and cohesion.
2
The importance of criminal law to all Cameroonians is to maintain peace harmony
stability and justice within her territory.
3
The objects are:
a) To preserve public peace and decency
b) To protect the citizens from what is offensive and injurious
c) To provide sufficient safeguards against the exploitation and corruption of the
more vulnerable members of the society
Yes for example the president of the Republic, Diplomatic corps Prime minister Senators
Deputies
SECTION B CIVICS ETHICS AND MORAL EDUCATIONAND CITIZENSHIP

EDUCATION
The National flag is made up of:
- Green
- Red
- Yellow
The green colour represents the rich and abundant vegetable of the south of the country
The red colour stand for the independence of the country
The yellow colour stand for the savan
National symbol
-The National Flag
- National Anthem
- The motto
-The Seal
-The Coat of Arms
Every child has the right to life
Right to health care
Right to education
Right of the state to protect the child from economic exploitation and illegal use of
drugs
Disable children shall have the right to special treatment education and care
The organs of Government
- The legislature
- The Executive
- The Judiciary
SECTION C LABOUR LAW

1
A contract of employment of specified duration is a contract whose termination is
known in advance by the parties, While contract of employment of unspecified
duration is one whose termination is not known in advance and cannot be
terminated by one party without the consent of the other party.
2
- The apprentice must be 14 years or above and master must be at least 21 years and
must be a professional
- The contract must be in writing
- Contract is concluded for 4 years and not beyong
- It is a contract intuitu personae
- No remuneration.
- A certificate giving to somebody whose contract of employment has been

terminated in a company stating the date of entering and departure.
- It is a contract of employment between two parties and may be oral or in writing.
- Any labour or service demanded of an individual under threat of penalty being a

labour or service which the individual has not freely offered to perform.
- In Cameroon any work done between ten pm and six am shall be considered as
night work.
- One hour
-Women with executive post
- Women working in services not involving manual labour.
SECTION D BUISNESS LAW
1
- There was no arbitration agreement
- The tribunal failed to comply with its terms of references
- There was lack of due process in the proceedings
- The award does not content any reasoning
- The tribunal has violated the role of international public policy of its members
A tax is defined as An exaction of money for the support of government.
Component of a good tax
- Simplicity
- Equity
- Ability to pay
- Administrative efficiency
- Certainty
- Flexibility and Stability
PECULIAR CHARACTERISTICS
- Aletory contract
- Contract of Adhesion
- Unilateral contract
- Condition contract
- Contract of utmost good faith
OBJECTIVES OF AFRICAN INTELLECTUAL PROPERTY

ORGANISATION (OAPI)
- Ensure the protection of intellectual property right

- Encourage creativity and transfer of technology
- Implement effective training programs
- Create conducive conditions for research.
SECTION E COMPANY LAW
1 The address of the registered office must be chosen by the shareholders and
mention in the Articles of Association. Under the common law register office
establish the domicile of the company. In order words it means where the
company is incorporated and registered and this determines the law which
applies to the company. Thus a company incorporated in Cameroon is subject to
OHADA
-A certificate that is issued to a company after registration to acknowledge its

existence
- It means profit realize from business and shared among members
- Shareholders are members who owned the company
- It is a company that exist in fact but not in law.(an illegal company)
- Upon accomplishment
- Upon expiration of the term for which the company was form 99years
- By decision of the shareholders
- By court order
- By annulment
- By any other reasons provided for in the Articles Association
Organization for the harmonization of business law in Africa

OBJECTIVES
The objective of OHADA is for the harmonization of business law in the
contracting states by the elaboration and the adoption of a simple modern common
rules adapted to their economies by setting an appropriate judicial procedure and by
encouraging arbitration the settlement of contractual disputes.
SECTION A: CIVIL LAW (20MARKS)
Multiple choice questions MCQ 20 MARKS
1. What is the supreme law in Cameroon?

a. Decree
b. Ordinance
c. Constitution
d. All of the above
2. What is the highest court under the Cameroonian Judicial System?
a. Court of Appeal
b. Supreme Court
c. High Court
d. Special Criminal Court
3. The constitutional council in Cameroon comprises of
a. 100 members
b. 11 members
c. 120 members
d. 180 members
4. The characteristics of rule of law are:
a. It General and obligatory
b. Compulsory and optional
c. Forceful and enforceable
d. Peaceful and public
5. Legislative enactment is called?
a. Public Law
b. Administrative Law
c. Statutory Law
d. Civil Law
6. A child born in wedlock takes the domicile of
a. Mother
b. Father
c. Guardian
d. None of the above
7. Name two courts with appellate jurisdiction in Cameroon
a. Court of appeal and High Court
b. Court of First Instance and High Court
c. Supreme Court and Court of Appeal
d. Court of Impeachment and Military Court
8. Offences in Cameroon are classified into three main categories which are:
a. Simple offences, misdemeanours and felonies
b. Tort, assault and battery
c. Strict liability, negligence and nuisance
d. Trespass, defamation and false imprisonment
9. When a lawyer is defending a client in court, he is acting as :
a. A solicitor
b. An advocate
c. A bailiff
d. A notary
10. A person acquires a domicile of choice via
a. Descent
b. Renunciation
c. Naturalisation
d. Birth
11. Two categories of legal persons are:
a. A man and a boy
b. A girl and a boy
c. Natural person and artificial person
d. A company and its general manager
12. Which of the following branches of law does not belong to private law?
a. Commercial law
b. Civil law
c. Administrative law
d. Labour law
13. A rule of conduct and enforced by the government or a country
a. Code of ethics
b. Law
c. Rule of conduct
d. a and b
14. The present labour code that applies in Cameroon is the code of
a. 1992 Code
b. 1961 Code
c. 1972 Law
d. a and b
15. A person who brings a matter to court against another is called
a. A respondent
b. A plaintiff
c. An appellant
d. An accused
16. The authority with the power to pass an ordinance is…
a. President of the Senate
b. President of the Republic
c. President of the National Assembly
d. President of the Supreme Court
17. Which of the following is a court of exceptional jurisdiction in Cameroon?
a. Customary Court
b. Legislative organ
c. Court of Impeachment
d. Supreme court
18. ………… is the principle that requires that all laws be applied within the state of
Cameroon.
a. Principle of legality
b. Control of constitutionality
c. Principle of non-retroactivity
d. Principle of territoriality
19. What is the state of a person who is not found in the place where they are supposed to be
and no one has news of their whereabout?
a. Non present
b. Disappeared
c. Absent
d. Unfound
20. A civil wrong committed by one individual against another’s property is
a. Crime
b. Fraud
c. tort
d. Mistake
SECTION B: CIVICS, ETHICS AND CITIZENSHIP EDUCATION (20MARKS)

1) How can Cameroonian nationality be acquired? 10marks
2) Identify and explain the different categories of human rights. 5marks
3) Explain the functions of the different arms of government. 5marks
SECTION C: COMPANY LAW (20MARKS)
1. Discuss the principle imbedded in section 98 of the uniform act on commercial

companies. (05 marks)
2. Discuss the mechanics of formation of companies under OHADA. (05 marks)
3. Discuss the condition of contributions as one of the formalities to form a commercial
company. (05 marks)
4. Advantages of Incorporation of a commercial company. (05 marks)
SECTION D: LABOUR LAW (20MARKS)

1. In seeking to establish whether or not a contract is one of employment, which three factors
will guide your identification of the contract of employment. 5MARKS
2. Discuss the duties the employer owes the employee. 5MARKS
3. State and explain the new categories of contracts of employment under the 1992
legislation. 5MARKS
4. Do workers really have rights? If yes discuss them. 5MARKS
SECTION E: BUSINESS LAW (20MARKS)
1. Identify the parties of a commercial lease contract and their obligations. 5mks
2. Write short notes under the following:
a. Broker
b. Commercial lease
c. Commission agent
d. Commercial sale agreement
e. Management lease 5mks
3. Discuss the different types of agencies you know. 5mks
4. What are the obligations of a seller under a commercial sale agreement? 5mks
LAW AND CITIZENSHIP EDUCATION
MARKING GUIDE SET ONE
SECTION A: CIVIL LAW
1. C
2. B
3. A
4. A
5. C
6. A
7. C
8. A
9. B
10. C
11. C
12. C
13. B
14. A
15. B
16. B
17. C
18. D
19. C
20. C
SECTION B: CIVICS, ETHICS AND CITIZENSHIP EDUCATION (20MARKS)
4) How can Cameroonian nationality be acquired? 10marks
Nationality can be defined as the legal and political link that attaches one to the
population of a state. This means that it is the legal bond that attaches a person to a particular
state. Nationality in Cameroon is regulated by law No. 68/LF/3 of 11th June 1968 relating to the
code of Cameroonian nationality to which we must add the following enabling decrees: decree
No 68/DF/478 December 1968 as well as the inter-ministerial arêtes No. 3/1002/MI and No.
44/CGSTP of 8th August 1968. Nationality can be acquired through the following means:
i. Birth: one can acquire nationality at the moment of birth through the operation of two
principles: the jus sanguini and the jus soli. According to the former, nationality is given
by way of blood relationship with any Cameroonian parent while by the latter principle,
nationality will be granted by reason of being born on the Cameroonian soil.
ii. Nationality by Declaration: The child adopted by a person of Cameroonian nationality
can declare his intention to obtain Cameroonian nationality if he made the declaration
within 6 months after he attained majority. Again, he must have had his permanent
residence and domicile in Cameroon for at least 5 years.
iii. Nationality Through the effects of Marriage: According to article 17 of the 1968 law,
there is possibility for a foreign man or woman who gets married to a Cameroonian to ask
for Cameroonian nationality. It is only possible if the person manifests the intention to be
Cameroonian by way of declaration at the time of celebration of their marriage.
iv. Naturalization: Cameroonian nationality can be given to a stranger by way of decree if he
had made the request (article 25). But this can only be done under certain conditions:
capacity, assimilation, good morals and sound health.
v. Reintegration: Reintegration is naturalization by favour and whose essential justification
for the applicant is that formerly, he was Cameroonian (article 28). Equally, at the moment
the person is asking for reintegration, he must be residing in Cameroon. This requirement
of residence here has no precise time limit.
5) Identify and explain the different categories of human rights. 5marks

Human rights can be considered as those rights which are inherent and inalienable to the
human being. In this sense, we are talking about those natural rights which the law recognizes
and consecrates in texts of law or through court decisions (jurisprudence). Human rights are
inalienable, indivisible and universal. From a diachronical distinction of human rights we have
the 1 generational rights followed by the 2nd and 3rd generational rights.
First generation rights: freedom or liberty.

Rights to liberty or attributes rights are that such because they are first generation rights
they require the state to abstain from them i.e. to stay from their exercises. These are rights put
against the state they are such because the exercise of they are intimately close to human person.
Their relegation from the state would be responsible for their non effective enjoyment or
exercises e.g. the state must ensure that no human being moral nor physical integrity is violated
the state must not restricted the exercise of freedom of movement.
The second generation rights
They are qualified as indebted rights these rights the state to intervene .Here the
individual is presented as the creditor and the state as the debtor .Unlike the 1st generation rights
that deal with liberty the 2nd generation deals with equality .They are made up of economic social
and cultural rights they are also enshrined in the universal declaration of human rights the
international convenant of economic social and cultural rights
Third generation of Rights
The third generation rights are the rights which prove the solidarity and fraternity
between man wherever they are and who ever they are. Human in general and the individual in
particular must enjoy the rights attributed or the liberties but also the solidarity and fraternity of
every human being; the cardinal value which should be at the heart of every relationship. It is for
this reason that the rights of the third generation saw the light of the day.
6) Explain the functions of the different arms of government. 5marks
The Republic of Cameroon is a decentralised unitary state. The Republic of Cameroon is

one and indivisible, secular, democratic and dedicated to social service. It recognizes and
protects traditional values that conform to democratic principles, human rights and the law.
Equally, it ensures the equality of all citizens before the law. The government is constituted of
three (3) arms:
The legislative organ:
The legislative organ in Cameroon is the Parliament. It is composed of two Houses. We

have the Upper House which is the Senate and the Lower House which is the National
Assembly. The Senate is composed of 100 members while the National Assembly is composed
of 180 parliamentarians. This is the organ with the competence to draft laws known as statutes.
According to article 26 of the Constitution, the parliament shall legislate on matters relating to
fundamental rights, guarantees and obligations of citizens, rules governing public freedoms, rules
governing civil and commercial obligations, etc.
The executive organ:
The executive power is represented by the President and the Government. A presidential
election determines the President of the Republic. The presidential elections take place every
seven years and the vote is made through direct, equal and secret suffrage. The President is
elected by a majority of the vote cast for a term of seven years in office and is eligible for re-
election. It is the duty of the Government to implement the policy of the nation as per article 11
of the Constitution. At the top of the government, are the Prime Minister and the Council of
Minister. The Prime Minister is appointed by the President of the Republic and the Council of
Minister is made of ministers also appointed by the President of the republic on the proposal of
the Prime Minister.
The judiciary organ:
Judicial power shall be exercised by the Supreme Court, Courts of Appeal and Tribunals.
The Judicial Power shall be independent of the executive and legislative powers. Magistrates of
the bench shall, in the discharge of their duties, be governed only by the law and their
conscience. The President of the Republic shall guarantee the independence of judicial power.
He shall appoint members of the bench and of the legal department. He shall be assisted in this
task by the Higher Judicial Council which shall give him its opinion on all nominations for the
bench and on disciplinary action against judicial and legal officers. The organization and
functioning of the Higher Judicial Council shall be defined by law.
SECTION C: COMPANY LAW
1. Discuss the principle imbedded in section 98 of the uniform act on commercial

companies. (05 pts)
Issues to develop...
- What is registration, where is it done and by which authority

- Why is registration very material: gives legal existence
- The company becomes a corporate body and enjoys legal personality (article 98)
- What are the consequences of gaining legal personality? Can own property, can sue and be
sued, own separate identity, employ and be employed etc...
- This is available for every type of company unless it is not registered (joint venture, de
facto)
- So it means the principle in article 98 is not absolute, its limitation is in article 97.
- Conclusion...
2. Discuss the mechanics of formation of companies under OHADA. (05 pts)
Issues to develop…
The Uniform Act on Commercial Companies and Economic interest groups in its article 4
defines a company as an association of two or more persons who have agreed by contract to
carry out activities for profit and to share in the gains as well as the losses. The formation of a
company is made possible through various means but the UA provides for two conditions,
namely the substantive and the formal conditions. These are going to be developed in the
following paragraphs.
Substantively, from the definition of article 4 above, it is clear that before a company is
formed, there must be a contract. To this effect, the general rules for formation of ordinary
contracts as provided by the law of contract will be of relevance while highlighting those that are
particular to company law alone.
To enter a contract in the formation of companies, the parties must have capacity. This
capacity involves age, sanity and marital status. In principle, minors and spouses cannot be
members of companies. But exceptionally, emancipated minors and spouses can be permitted to
be members only with limited liability companies. The UA calls the members with limited
liability the commenditaires unlike the commendités having unlimited liability in the Société
en Nom Collective (SNC).
Consent is also very material in the contract for the formation of companies. Here, we
distinguish between implicit consent (conduct) and explicit consent (words).
Under company law, the company under formation must have an object clause. This is
referred to the UA as “le status” in article 13 while in English law, we have the memorandum or
Articles of Association. This memorandum must contain the company’s address, the name of the
company and its head quarters.
In order for the company to be formed, the members must contribute or give their
consideration and this must be something having value in the eyes of the law. This can be done
in cash “contribution en numeraire” it can be services furnished for the company like where a
consultant draws a plan for the company as well as contribution in kind which may be donation
but this latter will have to be evaluated by a valuator “commissaire aux apports”.
Finally, there is the affectio societatis rule that urges members to forget their divergent
interests and pursue one goal being the growth of the company.
Regarding the publicity of the company, there are two steps. It must first be registered at
the court of First Instance with the Trade and Personal Property Credit Register which will give
an identity to the company after which it must be inserted in the Legal Journal within 15 days of
registration with the RCCM. In the absence of a legal journal, it will be inserted in a News Paper
with wide national coverage like Cameroon Tribune. The reason for publishing in the
“document d’information” is to open the doors for prospective foreign share holders who
cannot get in touch with the local News Paper. It is the registrar, not the president of the court
who registers the company.
Conclusion……
3. Discuss the condition of contributions as one of the formalities to form a commercial

company. (05 pts)
Issues to develop…
Each shareholder or partner contributes to the registered capital. The contribution can be
defined as the asset or amount of money that the partner puts or promise to put at the disposal of
the company for a common exploitation. Contributions are done through two main actions: the
subscription of shares or stocks, and the payment of their value.
Types of contribution
As per section 40 of the UACCEIG, the following type of contribution can be
done for the creation of commercial companies: contribution in cash, contribution in
kind, and contribution in service. Any other type of contribution is prohibited.
- in cash Contributions: are done in full or in instalments. In the latter case, in the
event of a delay in payment, the cash owed to the company will automatically bear interest
from the date such payment was due, at the official rate.
- in kind contribution: A shareholder may make a contribution in kind by

transferring to the company the ownership of an asset. In every type of company,
contributions in kind must be done in full at the time the company is created. In some cases,
the value of the contribution is determined by an inkind contributions’ appraiser.
- in services Contributions: may also be made, except the case of Plc. With this
type of contribution, the shareholder undertakes to work for the company. The contribution
in service do not count in the registered capital of the Company. But in return of such
contribution, the company issue shares or stocks which grant some rights to their owner.
The total number of shares or stocks issued in return of contributions in service cannot
exceed 25% of the total number of shares or stocks issued by the company. Such shares
cannot be transmitted.
4. Advantages of Incorporation of a commercial company (05 pts)
1) The limitation of the liability of members.
Under company law, once a company has been incorporated, its entire membership
enjoys limited liabilities; i.e. members of the company are not liable for its debts. Since the
corporation has a separate personality from that of the members. The members are completely
free from any personal liability.
Under the principle of limited liability, when obligations are incurred on behalf of the
company, the company is liable and not its members. If the company is an unlimited liability
company, the liability of its members would be unlimited.
2) Property
It enables the property of the corporation to be clearly distinguished from that of its
members. In an unincorporated association, the property of the association is the joint property
of the members. With corporate personality, members have no direct proprietary rights to the
company’s property but merely to their shares.
3) Litigation
Incorporated companies have the advantage to sue and be sued in their corporate name
as opposed to unincorporated associations whose rules are ill-defined.
4) Perpetual Succession
As professor Gower clearly puts it, one of the obvious advantages of an artificial person
is that, members may come and go but companies remain forever”, not even a hydrogen bomb
could destroy it. This the death or insolvency of members does not affect the continued
existence off the company. The company remains the same entity.
5) Transferable shares
The shares of incorporated companies are items which are freely transferable in the absence
of express provision to the contrary. In a transfer transaction the transferor drops out and the
transferee steps in his shoes.
SECTION D: LABOUR LAW
a) In seeking to establish whether or not a contract is one of employment, which three

factors will guide your identification of the contract of employment.
RESPONSE:
The contract of employment like many other legal concepts has not been given a precise
definition. But the Cameroonian labour code in its article 23 defines it as “an agreement by
which a worker undertakes to put his services under the authority and management of an
employer against remuneration.
Thus in seeking to establish whether or not a contract is that of employment, the
characteristics of a contract of employment could be of help.
There are many characteristics of contracts of employment, it is intuitu personae, it is a

contract with reciprocity of obligation, it is an onerous contract, it is a contract of successive
execution and lastly, it is a contract of subordination and control.
Firstly, a contract of employment is an intuitu personae contract i.e. as concerns a workman;

his services must be rendered by him and him alone and he cannot delegate to another person to
perform his task for him since the employer employed him for his personal services. But he can
with authorization from the employer ask someone else to do his task for him.
Secondly, it is a contract of reciprocity of obligation i.e. to say the worker furnishes his
professional activity in return for remuneration. This remuneration may be: salaries, wages,
commission and even payment in kind. When the remuneration is in kind, it must be capable of
being valued in money’s worth. Article 66(1) of the labour code, however puts it that, a contract
of employment is a bilateral agreement with the obligations of parties being reciprocal and
interdependent.
Thirdly, it is a contract of subordination and control i.e. to say one party is subjected to the
other. The workman puts his labour force under the control and authority of the employer and the
latter gives directives on how his work should be done.
Discuss the duties the employer owes the employee.
RESPONSE:
- Define contracts of employment

- Both parties (employer/employee) owe each other a duty
- The duties of the employer to the employee
 Duty to procure work to the employee;
 Duty to remunerate the employee
 Duty to indemnify the employee
 Duty to deduct part of the wages of the employee;
 For income taxes
 For trade union contributions
 For insurance contributions
 For other social amenities
 Duty to insure all workers with insurance companies
 Duty to ensure workers safety
 Duty of mutual respect.
Question 3
This question warrants the discussion of the new category of contracts.
This group of contracts form a big innovation in the new labour code of 1992. It indicates
the new economic reality of our time. it is in this light that the legislator spell out three types of
contracts of a particular nature. This is enshrined in section 2 (1) of the 1992 labour code. It
should be noted that the 1974 labour code made mention of only two types of contracts; namely
specified and unspecified duration contracts of employment. This caused a lot of hardship to
employers. So these additional three contracts of employment are hailed by employers. So they
are actually new category of contracts. They include
- Contract of temporary job

It is defined by section 25(4) (a) of 1992 LC as a contract which has as object the replacement of
an absent worker or one whose contract has been suspended or for the completion of a piece of
work within a specified time limit and requiring an additional manpower. This type of contract
adapts to all situations where the worker is absent or especially to situation of suspended
contracts such as maternity leave, arrest or preventive detention or illness of the workers. This
type of contract permits the company head to replace the absent worker so as not to paralyze the
functioning of the company. S.2 & C of Decree No 93/877/Pm of 15/7/93 the duration of the
temporary job contracts is 3 months renewable once per anum in the same company. It is
noteworthy here that, where the temporary, occasional or seasonal contract of employment shall
be legally transformed into a contract of unspecified duration as per s. 7 of the instrument.
Furthermore S. 7 (2 is mementos) it provides that a replacement of temporary or seasonal
workers upon termination of his contract by another worker shall be prohibited except where the
worker is not available.
- A contract of occasional job.

It is defined by the labour code as a contract which has as objective or which is aimed at coping
with the unexpected growth of the activities of the companies as a result of certain economic
conditions or entailing urgent work to prevent imminent accidents, organizing emergency
measures or repairing company equipment, facilities or building which are dangerous for
workers as provided by section 25 (b) of the 1992 LC. Section 4 of the P.M Decree states that
this type of contract is not supposed to exceed 15 days and is renewable once. This type of
contract is adequate for public works co and construction works.
- A contract of seasonal job.

It is defined by S. 25 (4) (c) of the 1992 LC as a contract generated by the cyclical or climatic
nature of the company’s activities. This type of contract is adapted for agricultural activities.
This is why seasonal employment contracts are very common in agricultural companies in
general and cooperatives in particular. The companies use a considerable number of manpower
during activity periods known as “Campaign” which can be more or less long from year to year.
this type of contract is equally used in certain companies of a cyclic nature such as toy
fabrication factories which have intense activity at the coming of certain end of year feast such as
x-mass and new year. according to section 4 and 6 of the PM Decree of 1993, the duration period
of such contracts is fixed at not more than 6 months yearly non-renewable.
Do workers really have rights? If yes discuss them.
Response
Here, the student is expected to discuss the right of the workmen which is furnished by the
employer, they include:
- Entitlement to sick pay

- Maternity leave and pay
- Trade union membership
- Time–off work
- Insolvency
- Leave and travel
- Right to Remuneration
- Right to decent working environment
- Right to the respect of dignity
SECTION E: BUSINESS LAW
5. Identify the parties of a commercial lease contract and their obligations. 5mks
It is a common practice for the trader who is in need of a venue for his business to take on
lease someone’s property for his commercial activity. The lease agreement may be written. It
may also be verbal. The lease agreement may be for specified or unspecified duration. The lease
agreement like all other contracts is resulting from its rights and obligation of the parties in the
contract. Note worthy here is the fact that the U.A regulates lease agreements only in situation
where the lessee uses the rented premises for commercial activity.
In a lease contract, we have two parties: the lessor and the lessee.
Obligations of parties in a lease contract
a. the obligations of the lessor
 The duties of the lessor are numerous and diverse. According to article 73, the landlord is
required to give out premises that are in good condition. However, where the lease contract
is verbal, or is formulated with reserve as to the state of the premises; this presumption will
also come into play.
 During the course of the lease, the landlord is required to carry out major repairs to the
premises. These repairs include those on big walls, fence, and septic tanks amongst others.
Where the damage to the premises is such that the lessee cannot enjoy his lease, the lessee
can request for judicial cancellation or suspension of the lease agreement during the
repairs. When the repairs are due and are not properly done, the rent payable on the
premises is paid less the amount which such has led to non use of the premises.
 The lessor shall not effect any unilateral change on the state of the premises neither can he
restrain usage of the premises during the lease (see article 76).
b. Duties of the leasee
 With respect to the duties of the lessee, he has to pay the rents as agreed to the lessor
himself or his designated representative. (Article 80).
 The lessee is expected to use the leased property with utmost care.
 The duty not to put the leased property to any other use other than that which was agreed
upon.
 The lessee is also expected to repair premises when damage is done to them as a result of
poor management (see articles 82).
 With respect to rents, parties are free to agree on the amount subject to laws in force.
6. Write short notes under the following:

f. Broker
A broker is defined as an intermediary who acts neither in its own name nor for its own
account but who arranges contracts between persons to facilitate or conclude commercial
transactions between such persons. He is one who acts independent of the parties and whose
actions are limited only to facilitating their meetings and takes all necessary steps to enhance
their conclusion of contract.
g. Commercial lease
A commercial lease is a contract between the landlord and a business for the rental of
property. It is a lease of a non-residential premise for business activity. The lease agreement may
be written. It may also be verbal. The lease agreement may be for specified or unspecified
duration.
h. Commission agent
A factor or commission agent is one who acts in his own name but on behalf of the
principal in matters of sale and purchase. He is one who buys and sells goods in his name but for
the benefit of the principal in return for a commission.
i. Commercial sale agreement
A commercial sale agreement may be maid either in writing or orally as no conditions are
laid down as to form. A contract of sale of goods is defined as “a contract by which the seller
transfers or agrees to transfer the property in goods to the buyer for a money consideration
known as price.
j. Management lease
Management lease is where the trader who owns the business leases it out to another to
manage at his own risk. (See article 106). Where there is a management lease, the lease must
comply with all the other regulation relating to a trader under the U.A especially those relating to
registration in the commercial register.
7. Discuss the different types of agencies you know. 5mks
Agency is defined as “the relationship that exist between two persons when one called the
agent is considered in law to represent the other called the principal in such a way as to be able to
affect the principal relationship with strangers or third parties. We can have the following types
of agencies:
Types of Agencies
Agency can be grouped under two main categories: agency created by contract and agency
created by operation of the law.
a. agency created by contract
Agency is a relationship arising from consent usually expressed in the form of a contract.
In modern times, it is correct to say that in most instances of agency relationship there is a
contract of agency between the principal and the agent. Such a contract could be express or
implied from the conduct of the parties. These agencies include agency resulting from ratification
and agency by estoppels.
i. agency resulting from ratification
Where a principal adopts or confirms an act done on its behalf by an agent without prior
authorisation either because the agent has no authority actual or implied or because he exceeded
his authority, the principal is said in law to have ratified the agents act.
ii. Agency by Estoppel
According to art 151(2) of the UA, it precludes the principal who by reason of his
behaviour leads the third party to believe that the agent has authority to act is stopped from
claiming that the agent has no such authority when the third party has relied on such behaviour.
b. Agency created by operation of the law
There are some situations in which although no relationship of principal and agent exist
or covers exact situation which has arisen, the law regards what has been done with the authority
of someone as haven been done with the authority of some other person and therefore as his
agent. There are two types of agency created by operation of the law namely: agency by
necessity and agency by co-habitation.
i. Agency by Necessity (e.g. Shipwreck)
This arises where no agency exist to cover the situation which has arisen but the law
presumes that what has been done would have been authorised by the principal had he been free
to give instruction or where it possible for him to authorise performance. This is an irrefutable
presumption of fact.
ii. Agency from Co-habitation
The wife’s normal agency: it is presumed by the law when spouses are living together
for the purchase of necessaries suitable for the life style which they have chosen to live. Under
this relation, the wife is presumed to have the husband’s authority to pledge his credit for
necessaries. For such to exist, the following requirements must be fulfilled: the spouse must be
cohabiting; the spouses must be cohabiting in a domestic establishment in circumstances which
show that they are family.
8. What are the obligations of a seller under a commercial sale agreement? 5mks
A commercial sale agreement may be maid either in writing or orally as no conditions are
laid down as to form. A contract of sale of goods is defined as “a contract by which the seller
transfers or agrees to transfer the property in goods to the buyer for a money consideration
known as price.
a. obligations of the seller
- the seller is required to deliver the goods in question together with any relevant
documents. If the agreement does not stipulate otherwise, the seller must either deliver the goods
to a carrier for onward delivery to the purchaser.
- if the agreement provides for transport, the seller must take the appropriate steps for the
goods to be delivered to the place agreed with the purchaser. If it is not obliged to insure the
goods itself, the seller must provide the purchaser with all information necessary to obtain
insurance cover for the goods.
- the seller must deliver goods that are in conformity with the order
- the seller must deliver the goods free of any third party rights or claims, and is required to
guarantee that the goods are free from hidden defects.
Instruction: Answer all the questions. You are reminded for good English and orderly
presentation of your work.
SECTION A: INTRODUCTION TO LAW AND FUNDAMENTAL RIGHTS
Answer all questions. (20mks)

1) What are some of the circumstances under which an offer can be terminated? (3marks)
2) List four enabling text of application in Cameroon (2marks)
3). States the sources of law (3marks)
4).What is law and how can law be classified (3marks)
a) What type of contract has been concluded between A and B (1mark)
b) What are the elements that must be present for this contract to be valuable (3marks)
c) Who are Minors and why is it that minors are not involve in contract (2marks)
c) Duress
d) Fraud (3marks)
SECTION B: CIVICS, ETHICS AND MORAL EDUCATION (20mks)

a) Ethics
b) Civics
c) Deontology
d) Human Rights (4marks)
2) Gives 4 reasons why we study civics (2marks)
3) Distinguished between professional Competence and Autonomy (2 marks)
4) List 8 component of professional Ethics (2marks)
5) Discuss why we study professional ethics (5maks)
examples (2marks)
7) Discuss the notion of nationality under Cameroonian law (3marks)
SECTION C: LABOUR LAW AND SOCIAL SECURITY (20mks)

b) Contract of Specified Duration
c) Contract of unspecified (3marks)
2) What are the various ways a contract of employment can be terminated? (3marks)
3) States 5 Rights and 5 obligations of a worker or work man (3marks)

a) Hour of work
b) Night work
c) Leaves
d) Dismissal
e) Damages (5marks)
6) State some of the characteristics of apprenticeship contract (3marks)
SECTION D: BUSINESS LAW (20mks)

a) Bankers and customer
b) Creditor and debtor relationship
c) Lessor and Lessee relationship
d) Principal and Agent relationship
e) Bailor and Bailee relationship (10 marks)
a) Insurer
b) insurer/ Assured
c) Policy
d) Premium
e) Cover note
f) Parties
g) Third parties (10 Marks)
SECTION E: COMPANY LAW (20mks)

1) States some of the Advantages and Disadvantages of OHADA Uniform Act with regards to
business law (10 Marks)
2) Discuss dome of the conditions for the formation of commercial company under OHADA
Uniform Act (10 Marks)
MARKING GUIDE SET TWO

SECTION A: INTRODUCTION TO LAW AND FUNDAMENTAL RIGHTS
1) What are some of the conditions that an offer can be terminated?

An offer may be terminated in any of the followings way;
a) Revocation
b) Rejection
c) Lapse of time
d) Death (3marks)
2) List four enabling text of application in Cameroon
a) Labour Code; it protects private persons under a contract of employment
b) The Constitution: it governs the states and it citizens and management of power
c) The Penal code: it punishes the criminals in the state of Cameroon
d) Civil Code: it protects the person and the person property (2marks)
3) States the sources of law
a) Romano- German System
b) Anglo- Saxon
c) Customs
d) Case law 3marks)
4).What is law and how can law be classified
a) Law is a body of rule of human conduct imposed by a state upon its members and enforced by
the courts.
b) Law can be classified into the following;
1) Criminal law
2) Public Law
3) Substantive law
4) Municipal law and Public international law (3marks)
a) What type of contract has been concluded between A and B
a) Valid Contract (1mark)
b) What are the elements that must be present for this contract to be valuable?
There must be the following;
- Offer and Acceptance
- Consent
-Intention
-Consideration
-Legally binding
- Capacity of the parties (3marks)
c) Who are Minors and why is it that minors are not involve in contract?
- Minors are children below 14 years in this case they do not have the capacity to go into a
contract (2marks)
a) Misrepresentation: Misrepresentation is a false statement of fact make by one party of contract
to another which while being a contractual term induce the other party to enter into the a
contract;
c) Duress: Duress in common law equivalent refers to pressure to somebody to into the contract
d) Fraud: Fraud is a false representation of matter of fact whether by words or by conduct, by
false or misleading allegation or concealment (3marks)
SECTION B: CIVICS, ETHICS AND MORAL EDUCATION

a) Ethics: -The Foundations of Ethics, has as its starting point an acknowledgement of the moral
consciousness, and proceeds to pursue a critical study of it in light of the two main moral
theories. Ross asserts that the main strands found in common moral opinions are the idea of
morality as obedience to laws and the notion that moral action is concerned with obtaining
goods.
b) Civics: Civics is the exploration of one`s right and responsibilities as a member of society
history, social studies and politics are the main components of being a civically engaged citizen.
c) Deontology: Deontology according to Emmanuel Kant is sometimes called deontological
ethics, starts by acknowledging that actions and their outcomes are independent thing.
d) Human Rights: They are Basic rights that fundamentally and inherently belong to each
individual; Human rights are freedoms established by custom or international agreement that
impose standards of conduct on all nations. Human rights are distinct from civil liberties, which
are freedoms established by the law of a particular state and applied by that state in its own
jurisdiction. (4marks)
2) Gives 4 reasons why we study civics
- The study of civics is important because it helps people to understand how government works,
and it provides people with knowledge about how to influence government as a citizen.
- Generally speaking, civics is the study of what it means to be a citizen in a particular nation.
- Many people feel that studying civics is a critical part of being a citizen, because it helps people
understand their relationship to the government and each other.
- In every society, from an anarchist cooperative to a totalitarian regime, citizens have specific
rights and responsibilities, and being educated about these can be very empowering. (2marks)
3) Distinguished between professional Competence and Autonomy. (2Marks)
a) Competence: -Entails knowledge and responsibility i.e. meeting an appropriate standard of
care;
b) Autonomy: Individual- governs his or her own conduct, often using moral rules as a basis,
and exercises a considerable degree of discretionary judgment within her daily work, but accepts
the limits within a cooperative practice.
4) List 8 component of professional Ethics
Honesty, Integrity, Transparency, Accountability, Confidentiality, Objectivity Respectfulness,
Obedience to the law and Loyalty. (2marks)
5) Discuss why we study professional ethics
Professional ethics are important for several reasons.
- First, most professionals have an informational advent/age over those they serve. This power
asymmetry can be exploited to the advantage of the professional and thus there needs to be a
corresponding sense of professional responsibility that obligates the professional to act in the
client's best long term interest.
- additionally, to take appropriate safeguards and to make necessary disclosures and to secure
consent to protect the client and assure the professional's behavior is on the up-and-up.
-Professional ethics will provide the useful function of identifying these moral hazards and
providing the appropriate avoidance or work-around strategies.
- most professional are, at some point, young and inexperienced professionals. Thus professional
ethics represents a kind of collective, time-tested wisdom that is passed on to professionals:
- professional ethics act as a somewhat effective countervailing power to organizational
influence or the power of authority (say, from a supervisor or boss). Thus accountants have
standard for reporting earnings and should not be swayed by a boss you say, in effect, "make the
number work" so that we hit our earnings estimate.
-Finally, insofar as professional ethics often get promulgated by professional organizations, they
may play a role in enforcement and disciplinary action with respect to those who violate such
standards.. (5maks)
examples
-Vocation" literally means "calling" (cf. "vocal"). It refers to work that one does because
of a feeling of deep affinity, attraction and/or talent. I am a musician by vocation - I couldn't stop
even if I wanted to (which I don't!). Other areas normally defined as vocations (if they form a
large part of your daily life) are Art, Religion, Creative Writing, Design etc.
While "Profession" is an activity one "professes", i.e. consciously adopts and studies. By
convention, it generally refers to intellectual (rather than manual) pursuits which involve gaining
a recognized qualification, e.g. Teaching, Law. Note that ideally "profession" and "vocation"
overlap - a lawyer, by profession, will have much more job satisfaction if law is also her/his
vocation. Also, some professions involve a manual as well as an academic aspect, e.g.
engineering, science etc.
"Occupation" is a neutral, generic term indicating any activity that takes up a significant
quantity of time, but is normally used to refer to one that earns money, e.g. "What is your
occupation?" "I'm a car mechanic." Anyone from a street sweeper to a billionaire could define
their main activity as their "occupation." On official forms and documents, the category
"occupation" is normally where one would insert one's job-title, e.g. sales person, fashion
designer. (2marks)
7) Defined Nationality and List some of the elements behind the acquisition of nationality-
- Nationality refers to a person status as a citizen or member of a particular state to which he
owes allegiance.
- some of the elements are:
a) By Brith
b) By Descent
c) By Naturalisation
d) By marriage
e) By Adoption (3marks)
SECTION C: LABOUR LAW AND SOCIAL SECURITY

a) Contract of employment: This is an agreement between an employer and an employee in
which the employer willfully undertake the place his gainful services in return for a salary.
b) Contract of Specified Duration: This is a contract whose duration is fixed in advance by the
free will of the parties
c) Contract of unspecified: This is a contract of employment in which neither the employer nor
the employee knows the when it will come to end (3marks)

- When there is a serious misconduct
- Force Majeure
- Death
- During Pregnancy (3marks)
3) States 5 Rights and 5 obligations of a worker or work man
a) 5 obligations of a worker;
- The duty to serve
-The duty of Subordination
-The duty to indemnify
- The duty of fidelity
- The duty to account
b) 5 Rights of a worker are;
-Entitlement to sick pay
-Maternity leave and pay
-Trade union membership
-Time off work
-Right to Remuneration (3marks)
a) Hour of work: Statutory hours of work in all public and private non-agricultural
establishments may not exceed 40 hours
b) Night work: Any work done between 10pm and 6am shall be considered as night work
c) Leave: Paid leave at the expense of the employer shall accrue to the worker at the rate of 1 1/2
working day
d) Dismissal: This is a result of disciplinary sanction against the worker
e) Damages: This is when award is being given to the person who has been injured wrongly
(5marks)
a) The duty to remunerate the worker
b) The duty to procure work for the workers
c) Duty to indemnity the employee
d) Written Statement of items
6) State some of the characteristics of apprenticeship contract
- A contract of apprenticeship must be written
- The contract must be exempted from all stamps and registration fees
- It must contain both the names and the addresses of the both the master and the apprentice
-The duration of the contract is usually 4 years (3marks)
SECTION D: BUSINESS LAW

a) Bankers and customer: The relation between banker and customer is the most easily
understood when one reflects on the nature of agreement between them. This is agreed that an
amount equal to that deposited has it be repaid by the bank. In the case of the current account; is
repayable without interest against the customer’s demand.
b) Creditor and debtor relationship: Lending money is the most important activity of a bank. The
resources mobilize by bank are utilize for lending operations. Customers who receive money
from bank must own money in that bank.
c) Lessor and Lessee relationship: The lease of immovable property is the transfer of rights to
enjoy such property with a given period express or implied or in perpetuity in consideration of a
price paid or promise or of money. Relationship between the bank and customer is that of lessor
and lessor.
d) Principal and Agent relationship: The relationship of creditor and debtor arise out of the
deposit of money with the bank. When the banker is performing certain duties, he frequently acts
as an agent. Banks often collect the proceeds of cheques as agents of their customers. When
banks accept the instruction of customers to purchase and sell stocks and shares, they do so as
agents.
e) Bailor and Bailee relationship: Deposit of good for safe custody is an example of an
important type of contract of quasi contract called bailment, a term which signifies the delivery
of goods by one person the bailor or to his order, when banks received valuables from customers
for safe custody, a relationship of bailor/bailee is inevitably created between them. (10 marks)
a) Insurer: The agency involved in insurance business is known as insurer
b) insurer/ Assured: The person who gets his property/life insured is known as insured
c) Policy: The agreement or contract which is put in writing is known as a policy
d) Premium: The consideration in return of which the insurer undertakes to make goods the loss
or give a certain amount in case of life insurance is known as premium.
e) Cover note: On the completion of a proposal in respect of an insurance policy by the insured,
the insurers may desirous of studying the proposal to come to a finding as to whether or not to
accept the risk to be insured. In the interim, the insured may need an immediate insurance cover
as a temporary cover. The temporary cover is referred to as cover note.
f) Parties: Some insurance transaction may involve more than two parties. In other words, third
parties may be involved in insurance transaction e.g in life insurance policies. The insurer may
be different from the person insuring. In other words, the beneficiary of the insurance policy
could be a third party.
g) Third parties: Where third parties are involved in an insurance contract, the insured can take
out an insurance to provide indemnity for bodily harm or death occasioned to such third parties
and may also include damages to movable and immovable properties belonging to third parties.
(10 Marks)
SECTION E: COMPANY LAW
1) States some of the Advantages and Disadvantage of OHADA Uniform Act with regards to
business law
The Advantages of Uniform Act
• It harmonies business law in African
• It facilitates international trade between member states.
• It transforms all business operating under informal sector to the formal sector,
• It facilitates the free movement of government and persons
The Disadvantages of the Unform Act are;
• The working language is French
• It is the legal transplanting of the French business law
•Companies operating under OHADA are not found under the English company law
(10 Marks)
2) Discuss some of the conditions for the formation of commercial company under OHADA
Uniform Act
Some of the conditions are as follows;
- Article 5 of the UA gives opportunity for a single person to also form a company. The act of
company formation is contractual, and this implies that all the ingredients of a valid contract
must be fulfilled. These include offer and acceptance, intention to create legal relations,
consideration etc, parties to the contract must fulfilled both substantive and legal procedural
conditions.
a) The substantive condition includes, consent, capacity, object and la cause which will be
discussed in the subsequent paragraphs.
-Consent is the will to be bound to something. As such, the parties entering into contract must
be willing to be bound in the engagements that the company want to undertake. Consent must be
free from vices such as error, fraud and violence.
- To ensure that there is a long standing collaboration between parties, to achieve this goal it
should be remarked in this light article 54 states that right and liabilities (obligations) of each
partner shall be proportional to the amount of his contribution, whether such contributions were
made during the formation of the company or during existence of company.
-The second substantive condition for company formation is capacity. The parties in
company contract are business associates (shareholders) the parties may be natural person or
corporate body and must not be subject to any prohibition, incapacity or incompatibility as
define in the Uniform Act relating to General Commercial Law per article 7 of the UA on
General Commercial Law. Article 2 of the OHADA UA on General Commercial Law provides
that any prospective partner or business associates of the company must be a trader.
- That is individual or corporate body whose regular occupation is to carry out commercial
transactions. Article 8 of the UA on Commercial Companies provides that minors and legally
incapacitate person may not be partners in a company where their liability for the company`s
debts exceeds their contribution (In an unlimited liability company).
- Also article 9 of the UA provides that husband and wife may not be partners in a company in
which they shall indefinitely or jointly and severally liable for the company`s debt (one should
go for limited liability while the other should go for unlimited liability company). Capacity is in
Cameroon is governed by the civil code. In Cameroon capacity is as from 18 years.
-The third substantive condition for company contract formation is the object of the company.
The object of the contract refers to the activities the shareholders intend to undertake in order to
achieve the desire goal. Article 6 of the UA provides that ``the commercial nature of the
company shall be determined by it form or object’’ thus whether commercial or not, it can be
determined from it object clause.
b) The procedural conditions or from requires that the Article of Association must be established
following a procedure as will be seen in the subsequent paragraphs.
- The first procedural condition to be fulfilled is the condition of from of the AA. (Article of
Association) Article10 of the UA provides that the Article of Association shall be establish by a
notarial deed, or by an instrument that insures legal validity in the state of the company`s
registered office.
-The second procedural condition is the signing of the AA. The UA requires that the future
business associates must complete their engagement by signing the AA.
-The fourth condition is registration. It is the act by which a company is legally born. It marks
the beginning of the legal existence of the company. Section 27 of the UA on General
Commercial law states that, companies and other forms of legal entities recognized under the
UA must within one month of their constitution be register with the Trade and personal property
Credit Register(TPPCR or R.C.C.M) of the place where the company is located the only
company having exception to registration is the sleeping partnerships (S.C.S) per article 97 UA.
(10 Marks)
INSTRUCTIONS: ANSWER ALL QUESTIONS:GOOD ENGLISH AND ORDERLY

PRESENTATION OF YOUR WORK IS AN ADDED ADVANTAGE
SECTION A:INTRODUCTION TO LAW AND FUNDAMENTAL RIGHTS. 20 mrks
1) How are courts classified in Cameroon?10 mrks.
2) Explain the following: 10 mrks.
a) vicarious liability.
b)Defamation.
c)Felony.
d)Consensus ad idem.
SECTION B: CIVICS, ETHICS, MORAL AND CITIZENSHIP EDUCATION.20 mrks.
1) Define good governance and state the elements that determine it.10 mrks.
2) What is global warming and the circumstances to mitigate its effects?10 mrks.
SECTION C: LABOUR LAW 20 mrks.

1)Discuss the conditions, role and privileges of a staff representative.10 mrks.
2) State the duties of the employee towards the employer.10 mrks.
SECTION D: BUSINESS LAW 20 mrks.
1)Expatiate on the relationship between the banker and the customer. 10 mrks.
2) What makes an insurance contracts to be different from other types of contracts?10 mrks.
SECTION E: COMPANY LAW 20 mrks.
1)What is the doctrine of incorporation?10 mrks.
2) State the characteristics of a public Ltd Co.10 mrks.
MARKING GUIDE
SECTION A: INTRODUCTION TO LAW AND FUNDAMENTAL RIGHTS 20 mrks
1)Courts are classified as follows:
-Courts of original jurisdiction because matters begin in such courts. For example customary
court, court of first instance, high court and the Supreme Court.
- Courts of ordinary jurisdiction because they solve both civil and criminal matters. See the court
of first instance, high court, court of Appeal and the Supreme Court.
-Courts of appellate jurisdiction because matters go on appeal in such courts such as the court of
appeal, Supreme Court and the CCJA.
- Courts of special jurisdiction because they solve special matter relating to special people. For
example the court of impeachment, military court, state security court, special criminal court,
constitutional council and the CCJA.
2)a)Vicarious liability is being liable for the act of another.
b)Defamation means a false statement meant to tarnish the reputation of someone. It can be a
libel when written and a slander when spoken.
c)Felony is a crime with sanctions ranging from death sentence, life imprisonment and
imprisonment for more than 10 years.
d) Consensus ad idem means the meeting of the minds of the parties.
SECTION B: CIVICS, ETHICS, MORAL AND CITIZENSHIP EDUCATION 20 mrks
1) Good governance is the process of decision making and its implementation void of abuse and
corruption while respecting the rule of law.
The elements that determine good governance are : transparency, equity, responsiveness,
consensus orientation, accountability, efficiency, effectiveness and respecting the rule of law.
2) Global warming is the emission of the green house gas into the air that affects the ozone layer
and consequently renders the climate to be very hot.
- The element to mitigate global warming are the practice of afforestation and re-afforestation,
recycling of waste, consumption of veg diet, the practice of environmental impact assessment,
Laws such as water and air quality and international conventions such as the CUP.
SECTION C : LABOUR LAW 20 mrks.
1)A staff representative is a worker elected by other workers to represent them.
-Conditions:the company must have at least 20 workers.
- the person to be elected must be aged 21 and must have worked for at least 12 months in the
company.
- those to elect the staff representative must be aged 18 and must have worked in the enterprise
for at least 6 months.
- the staff representative must be bilingual.
- his term of office is two years to be re-elected.
- his role is demanding because all problems are channeled to him to present to the director and
ask for solutions.
- ensures that workers are registered with the fund and contributions made.
- assures health and safety standards.
-participatory role. He participates in most of the meetings such as the tripartite conciliation
meeting to solve labour dispute and redundancy for economic motive.
-In relation to privileges, the staff representative is the only worker who cannot be dismissed for
gross misconduct except with a decision from the labour inspection.He has some financial
advantages.
- the duties of the employee are:

- to provide his services according to his capacity, give account of his activities, to indemnify the
employer for damage caused to him in the exercise of his function, to avoid making secret profit,
to avoid conflict of interest, not to delegate powers accorded to him to a third party void of
employers’ consent and the duty of confidentiality that goes beyond the employment
relationship.
1) The relationship are:
- debtor - creditor relationship.
- principal- agent, bailee- bailor.
-pledgee -pledgor and mortgagee - mortgagor.
-lienee-lienor and trustee-beneficiary.
-licensee-licensor.
- advisor-client.
2)Must be a written contract.
-a synallagmatic contract.
- contract of adhesion.
-aleatory contract
-generally contracts of indemnity.
- principle of utmost good faith is of a higher standard in an insurance contract.

SECTION E: COMPANY LAW 20 mrks.
1)the doctrine of incorporation states that when a company is registered with the RCCM and a
certificate of incorporation is handed to the company, it acquires a legal personality that makes
the company to be separate from the members and also to acquire some human characteristics
such as to sue and be sued, to sign binding contracts, to transfer properties and also to carry out
all commercial transactions as in the case of Salomon v Salomon.
2)It has a limited liability
-the minimum authorized share capital to create it is 10 and 100 millions.
-deals with the buying and selling of stocks and shares.
-appeals to the public to subscribe share caputal.
- publishes its financial records.
-transferability of shares is done freely void of other share holders’ consent.

INSTRUCTIONS: ANSWER ALL QUESTIONS:GOOD ENGLISH AND ORDERLY

PRESENTATION OF YOUR WORK IS AN ADDED ADVANTAGE
SECTION A:INTRODUCTION TO LAW AND FUNDAMENTAL RIGHTS 20 mrks
1)Define domicile and state it’s principles.
2)State the hierarchical sources of law in Cameroon.
3) How are laws classified in Cameroon ?
SECTION B:CIVICS, ETHICS, MORAL AND CITIZENSHIP EDUCATION.20 mrks.
1) What is deontology ?
2)State the theories of ethics.
3) Define human rights.
1)Define a contract of apprenticeship and state its characteristics.
2)List the various elements that determine the termination of an employment contract.

1)Write short notes on the following:
a)Exequatur.
b) Bailment.
c)Thé principle of competence competence in arbitration.
d)Bill of exchange.
SECTION E : COMPANY LAW 20 mrks.
1)What is the procedure to create a company and to acquire a legal personality ?
2)Explain the ultra vires principle.
MARKING GUIDE
SECTION A: INTRODUCTION TO LAW AND FUNDAMENTAL RIGHTS.20 mrks.
1)Domicile is a place where a person permanently resides with the intention to remain there.
The principles of domicile are :
- Every person must have a domicile.
- A person should not possess a dual domicile at one and the same time.
-Domicile Ipso facto refers to a territorial system of law.
-There is a presumption in support of a continuance of an existing domicile.

2) Constitution, treaty or international accord, legislation, case law, custom, legal writings and
the general principle of law.
3)law is classified as public law, private law and mixed law.
SECTION B: CIVICS,ETHICS,MORAL AND CITIZENSHIP EDUCATION20 mrks.
1)Deontology is a code of conduct that governs a group of people who are professionals.
2)The divine command theory, theory of form, theory of relativism, consequentialist theory and
the theory of everything.
3)Human rights are those rights derived from birth without any discrimination in terms of age,
sex, race, religion. They are natural rights and found in the universal declaration of human rights
of the 10th of December 1948.
1)A contract of apprenticeship is an agreement between the head of an establishment,

agricultural, industrial and craftsmanship and an apprentice whereby the head of the
establishment accepts to provide a specific training to the apprentice and for the apprentice to
abide to the rules and regulation of the head of the establishment.
- The characteristics are : the contract must be in writing.
-The capacity to sign in terms of age for the apprentice is at least 14years and the head of the
establishment at least 21 years.
-The duration should not go beyond 4 years if not it will turn to an employment contract of
unspecified duration.
-the apprentice should not pay for the apprenticeships but the head of the establishment should
pay the apprentice. She must provide her working tools.
- the head of the establishment must provide a certificate of end of apprenticeship.
2)An employment contract can be terminated by the parties’ agreement. Sickness, death of one
of the parties, force majeure, act of God, act of prince, act of a third party, dismissal and
redundancy for economic reason.
SECTION D: BUSINESS LAW
a)Exequatur is an enforcement order issued by the competent court to oblige the parties to
respect the award.
b)Bailment is when valuable properties are handed to the bailee for safe custody. He must take
care of the property as a good father of the family and is responsible for any damage caused to it
due to his carelessness.
c)the principle states that when a matter is submitted to arbitration and this same matter is brough
before the competent court, he has to declare his incompetence.
The powers of an arbitrator is given by the parties.
d)A bill of exchange is an unconditional order in writing made by one person to the other asking
the person it is made to, to pay on demand a certain sum of money on a fixed or future date to the
bearer.
SECTION E: COMPANY LAW 20 mrks
1) The procédure are : the establishment of the articles of association
- subscription of share capital by members.
- deposit of share capital with the notary or the bank.
- signing of the articles of association.

-within one month of creation, an application is forwarded to the court registrar.
- within one month of reception by the court, the file is forwarded to the RCCM.
-the RCCM will register the company and a certificate of incorporation will be handed to it for a
legal personality.
within 15 days of creation, the company is published.
2)The ultra vires principle states that when a director goes beyond his functions and causes a
damage, he will be personally responsible and not the company except he respects the proper
purpose doctrine.
Specialty/Option: All options
Exam Paper: Law and Citizenship Education
Duration: 2 hours
Paper Code:
Credits: 2
Section A: Multiple choice Question (1 point each)
1. Which of the following statement is correct about law making in Cameroon?

a) The Bills are tabled to parliament in Cameroon only by the President of the
Republic
b) The Bills after voting by the parliament are sent to the Prime Minister for
promulgation
c) Some Bills are voted by ministers during the cabinet meetings.
d) None of the above.
2. The study of rights and responsibilities of citizens and of government is know as
a) Law b) human rights c) Civic d) Ethics
3. The law that regulates our conduct and make us behave well are kwon as
a) Morals b) Positive law c) Fundamental law d) Natural law
4. The present form of legal system in Cameroon is know as
a) bicephal b) Bicameral c) Bijural d) Parliamentary
5. Ethics is also know as
a) Moral behavior b) National law c) Moral philosophy
d) Discipline
6. Which of the following is not one of the principal arms of government
a) Judiciary b) Army c) Legislative d) executive
7. The court of Appeal hears appeals against the final judgments delivered by
a) High court b) Constitutional court c) Administrative Court d) All of the
above
8. Which of the following institution has as duty to inspect detention centers and judicial
police cells?
a) N.G.O b) National Human Rights Commission c) National Anti Corruption
Commission d) The Red cross.
9. How many courts of Appeals are the in Cameroon
a) 11 b) 10 c) 9 d) 58
10. Who is the head of the legal department at the level of the court of Appeal
a) State Counsel b) Chief Justice of the supreme Court c) Procureur General
d)The president of the supreme court.
11. According to the law on judicial organization of Cameroon, each Division in Cameroon
is entitled to
a) Court of First instance b) High Court c) Divisional court
d) All of the above
12. Which among the following is the highest court of the land
a) Supreme court b) Higher judicial Council c) Constitutional Council
d) All of the above
13. According to article 10 of the UA on Commercial Companies and Economic Interest Groups,
the Articles of association must be established by a ____________ or any other document that
ensure the validity in the state of the company’s registered office
a) Company registrar’s deed

b) Court deed
c) Notorial deed
d) Notary deed
14. The following items must be contained in the Articles of Association, except one?
a) The object of the company

b) The number and value of shares issued
c) The address of the company’s branch office
d) The field of activities of the company
15. Article 40 of the Uniform Act on Commercial Companies and Economic Interest Groups
provides that the types of contributions that partners may make to the company are limited
to?
a) Contribution in cash, money and kind
b) Contribution in cash, movables, intangibles and labour
c) Contribution in cash, kind and services
d) Contribution in labour, goods and cash
SECTION B: PROBLEM SOLVING
NFINYO a 15 year old boy was taken to work with AMBE as an apprentice in his carpentry
workshop. After 5 years of apprenticeship, NFINYO is recruited by AMBE to work with him for
15 months and he also joined the SOLIDARITY CARPENTERS union to which AMBE is the
Secretary General. He subscribed a life insurance policy for himself and his new employee,
NFINYO at ALL LIFE INSURANCE Company. At the end of the 15 months, AMBE does not
sign a new contract with NFINYO but continues to pay him his full monthly package, and their
work relation continue to operate. NFINYO decided to open a savings account at LAREX Bank
to save his revenue While drinking at a bar after work and watching the AFCON 2021 match
between Egypt and Cameroon, an argument about which team is stronger broke out between
AMBE and NFINYO. It got so serious that a fight broke between the two, and AMBE picked a
plank and hit NFINYO on the head. Suddenly NFINYO removed a gun and pointed at AMBE. In
an attempt to save himself, AMBE tried to hold NFINYO’s hand but the gun accidentally
discharged and shot AMBE. The lifeless body of AMBE was rushed to the hospital and taken
directly to the mortuary. Using your knowledge on law, answer the following questions.
1. State the various forms of contracts in the passage and define them (5 points)
2. What are the conditions for the validity of a contract of employment? (5 points)
3. State five means that can lead to the termination of the contractual relation between
NFINYO and AMBE. (5 points)
4. What are the functions of SOLIDARITY CARPENTERS trade union towards its
members? (5 points)
5. What is the nature of the relationship between NFINYO as a customer and LAREX
Bank? (5 points)
6. How can the relationship between LAREX bank and its client., NFINYO come to an
end? (5 points)
7. Which offences can NFINYO be held responsible for? (3 points)
8. Which court is competent to prosecute him, and why? (5 points)
9. Will your answer above be different if NFINYO was 17 years old at the time of the fight?
(5 points)
10. What defense can NFINYO raise during the trial process? (5 points)
11. What are the constitutive elements of the offence NFINYO is being charged of? (5
points)
12. Discuss the categories of offences under Cameroonian law and specify the category under
which NFINYO’s offence can be classified. (7 points)
13. Can AMBE’s wife claim to have an insurable interest over her husband life? Explain (5
points)
14. State the principles that will guide All Life Insurance Company in assessing the
indemnity for AMBE. (5 points)
15. What are steps in a general insurance claim settlement procedure? (5 points)
SECTION C: ESSAY
1. What do you understand by arbitration? State four advantages of arbitration (10 points)
2. What is an intellectual property right? State and explain three domain of rights protected
under intellectual property rights (10 points).
Credits: 2
LAW SET 1
PROPOSED MARKING GUIDE
SECTION A
1. D
2. C
3. D
4. C
5. C
6. B
7. A
8. B
9. B
10. C
11. B
12. A
13. C
14. C
15. B
SECTION B
1. Three kinds of contracts

a. Contract of apprenticeship: It is a contract whereby the head of an industrial,
commercial, or agricultural establishment or a craftsman undertakes to give or
causes to be given to another person complete or systematic training and whereby
the later undertakes in return to obey the instructions which he receives and to
perform the tasks assigned to him for the purpose of his apprenticeship.
b. Contract of specified duration: It is the one whose term is known at the time of
establishing the contract.
c. Contract of unspecified duration: It is a contract whereby the duration is not
fixed in advance. It could be terminated at any moment by the wish of either the
employer or the worker.
2.
a. Capacity, referring to the age of the contracting parties
b. The object of the contract which must be legal
c. Consensus emanating from free negotiation, offer and acceptance
d. Signature or visa of the contracting parties.
e. Consideration
3.
a. Resignation
b. Dismissal
c. Professional incompetence
d. Force majeure
e. Gross misconduct
4.
a. Negotiate agreements with employers on pay and conditions
b. Discuss major changes to the workplace such as large-scale redundancy
c. Discuss members' concerns with employers
d. Accompany members in disciplinary and grievance meetings
e. Provide members with legal and financial advice
f. Provide education facilities and certain consumer benefits such as discounted
insurance
5. The banker-customer relationship is initially based on a contract. This relationship
depends upon the nature of services provided by the banker and requested by the
customer respectively. The routine core services provided by a bank include: accepting
deposits and granting loans.
Dealings between the banker and the customer must be of the nature of banking business,
and presents itself in divers forms- debtor/creditor, creditor/debtor, bailee/bailor,
lesser/lessee, agent/principal- depending on the service provided or requested.
6.
a. Willful or voluntary termination by customer: Just like customer willfully decides

to open an account in a bank, so too is he at will to close the account. But this
must however be done with a prior notification to that effect.
b. Voluntary termination by the bank: Just like customer willfully decides to open an
account in a bank, so too is he at will to close the account. But this must however
be done with a prior notification to that effect.
c. Termination by the law: the banker/customer relationship automatically comes to
an end in the case of the death of the customer. Moreover, in the case of
bankruptcy or insanity of the customer, such a relationship can equally come to an
end per the law.
7.
a. Assault occasioning death;
b. Unintentional killing
c. Murder
8. The Military tribunal because the offence was committed with the use of a fire arm, and
the offender too is a major above 18 years which falls under the jurisdiction of the said
court.
9. Yes, the answer will be different because the military tribunal is not competent to handle
offences committed by minors below the age of 18. In this case, the competent court will
be the Court of First Instance of the place of commission of the offence sitting in juvenile
matters.
10.
a. lawful/legitimate/self-defense: This is dictated by the immediate necessity of
defense of the person acting or of any other person, or of any right of himself or
of any other. against an unlawful violation: but NFINYO must however prove that
the means of defense was proportionate to the seriousness of the breach
threatened.
b. Provocation: This plea is tenable for an offence immediately provoked by the
unlawful act of another against the offender.
11. The constitutive elements of a criminal offence include the material element and the
mental element. In the present case, the material element is proven by the act of shooting
AMBE with a gun and the resulting end of the act which is AMBE’s death.
However the mental element is absent as NFINYO did not intend the outcome of his act –
the death of AMBE.
12. Offences are classified as felonies, misdemeanours and simple offences according to the
principal penalties provided for them. as follows:
a. - Felony: a felony shall mean an offence punishable with death or with loss of
liberty for a maximum of more than 10 (ten) years and fine where the law so
provides. Eg Hostilities against the fatherland, murder, Aggravated theft,
misappropriation of public funds
b. - Misdemeanour: a misdemeanour shall mean an offence punishable with loss of
liberty or with fine, where the loss of liberty may be tor more than 10 (ten) days
but not for more than 10 (ten) years, and the fine more than CFAF 25 000
(twenty-five thousand). Eg. Electoral Fraud, theft, corruption, etc.
c. - Simple Offence: a simple offence shall mean an offence punishable with
imprisonment for up to 10 (ten) days or with fine of up to CFAF 25000 (twenty-
five thousand). Simple offences are classified into four categories
NFINYO’s alleged offenses fall under the category of felonies.
13. Yes. Insurable interest is a person’s legally recognised relationship to the subject matter
of insurance that gives them the right to effect insurance on it. Everyone has an insurable
interest in his own life, limbs, etc. One also has an insurable interest in the life of one's
spouse.
14.
a. Utmost good faith (Uberimmae fidei)
b. Subrogation
c. Insurable interest
d. Indemnity
e. Contribution
f. proximate cause
15.
a. The submission of a claim by the insured after suffering an insured loss
b. The evaluation/registration of the claim
c. Appointment of a surveyor/investigator/loss assessor by the insurer
d. The settlement of the claim to the benefit of the insured
e. Recovery procedure from the third party who caused the loss
SECTION C
1. Arbitration is a method of private, binding dispute resolution conducted before an
impartial arbitral tribunal. Arbitration may be chosen by parties - usually recorded in an
arbitration agreement in a clause at the end of a contract - as an alternative to litigation
before national courts.
a. Enforceability: Due to international conventions, the potential for enforcing
arbitral awards worldwide is much greater than that for court judgements. The
most important enforcement convention is the New York Convention which
provides for the enforcement of arbitral awards in over 140 countries.
b. Flexibility: Arbitration rules are generally simpler and more flexible than those of
court proceedings.
c. Neutrality: Frequently, one party will not wish to submit to the local courts of
another party.
d. Technical expertise and experience: Parties may select arbitrators with the
appropriate expertise or experience in the subject matter of the dispute, unlike
Judges in courts with little or no expert knowledge on specific issues.
e. Choice of arbitrators: Unlike court proceedings, where parties generally have no
input into the choice of judge for their case, the parties to an arbitration usually
appoint, nominate or at least have some input into the selection of the tribunal.
f. Cost / Speed / Finality: Lawyers' fees generally account for the majority of costs
of proceedings (whether litigation or arbitration). The costs of the proceedings
therefore generally depend on the complexity of the dispute, the way the
proceedings are conducted and their length. Arbitration can be speedier and less
costly than litigation because of the finality of the award.
2. Intellectual property rights are rights granted to creators and owners of works that are the
result of human intellectual creativity. These works can be in the industrial, scientific,
literary or artistic domains. They can be in the form of an invention, a manuscript, a suite
of software, or a business name.
- Trade marks: A trademark is any sign that individualizes the goods
of a given enterprise and distinguishes them from the goods of its
competitors. This definition comprises two aspects which are
sometimes referred to as the different functions of the trademark,
but which are, however, interdependent and for all practical
purposes should always be looked at together. In order to
individualize a product for the consumer, the trademark must
indicate its source. This does not mean that it must inform the
consumer of the actual person who has manufactured.
- Patent rights: A patent is a document, issued, upon application, by
a government office (or a regional office acting for several
countries), which describes an invention and creates a legal
situation in which the patented invention can normally only be
exploited (manufactured, used, sold, imported) with the
authorization of the owner of the patent. “Invention” means a
solution to a specific problem in the field of technology.
- Copyrights : Copyright deals with particular forms of creativity,
concerned primarily with mass communication. It is concerned
also with virtually all forms and methods of public communication,
not only printed publications but also such matters as sound and
television broadcasting, films for public exhibition in cinemas, etc.
and even computerized systems for the storage and retrieval of
information.
SECTION A : MCQs 10 Marks
Choose the right answer from the given alternatives a – d 1Mark each
1. The following are alternative dispute resolution methods except one. Tick the exception a)
Mediation; b) Conciliation c) Court d) Arbitration.
2. What is the name of the final outcome of an arbitration process? a) Award b) Judgment c)
Decision d) Ruling.
3. The following constitute principal penalties in the Cameroonian penal code except one.
Tick the exception a) Death sentence b) Imprisonment c) Forfeiture d) Payment of fines
4. Which constitution in Cameroon introduced decentralized territorial collectivities? a) 1961
b) 1972 c) 1996 d) 2008
5. The following are defenses to criminal responsibility in Cameroon. Tick the exception a)
Infancy b) Insanity c) Intoxication d) majority.
6. The following constitute professional sources of labour law in Cameroon. Tick the
exception a) collective agreements b) Statutes c) contracts between parties d) trade usages
and customs
7. Which of the following is not a condition for the validity of a contract? a) capacity b) Licit
object c) A and B are correct d) Only A is correct
8. The following are principles of taxation except one. Tick the exception a) Equity &
Fairness b) Convenience c) Uncertainty d) Flexibility
9. Which of the following is a characteristic of taxes a) proportional b) Static c) Functional d)
All of the above.
10. Which of the following is not a principle regulating the administrant of justice in
Cameroon? a) Reasoned judgment b) Gratuity c) Division of civil and criminal courts d)
Public administration of justice
SECTION B Answer True or False to the following questions (5 points)
1. Under OHADA law, there exist two types of arbitrations: Ad hoc and Institutional
arbitration a) True b) False
2. A “First Try” contract must be agreed in writing whereas; a permanent engagement may
be written or oral
a) True b) False
3. A negotiable instrument is a document guaranteeing the payment of a specific amount of
money, either on demand, or at a set time, with the payer named on the document.
a) True b) False
4. Lien in banking law refers to the right of a creditor to retain the goods and securities owned by
a debtor until the debt due by him is repaid.
a) True b) False
5. Value Added Tax (VAT) is a form of direct tax
a) True b) False
SECTION C (Problem Solving) 30 marks
Instructions: Answer the following questions. Each question carries 15Marks
1) Mr. NGU is the general Manager and a member of the board of Directors of a Financial
Institution known as ACEFI. It was alleged that the establishment had undergone some
material and financial breakdown. Mr. EWANG a customer of this corporation wishes to
withdraw money from his savings account. Mr. EWANG was told that he had to notify the
corporation in at least a month’s time. He immediately changed his mind and applied for
withdrawal of money from his deposit account due to the urgency of his situation. To his
greatest dismay, he was told that the manager had made away with a huge sum of money
leaving the corporation bankrupt. Mr. EWANG is confused and needs legal Advice.
a. If Mr. EWANG was to take a legal action, who will he sue for damages? 1Mark
b. Why do you think his choice of personality is the best?
2Marks
c. The legal system are of different areas of Law each regulating, enacting rules and
principles for guidance. Which domain of Law governs this kind of business operation?
2Marks
d. State the legal personality of ACEFI after its registration and what rights does it posses
6Marks
e. Under which kind of corporation is the said establishment formed? 2Marks
f. What state two bodies that regulate financial institutions in Cameroon
2Marks
2) The relationship between an employer and the employee is often backed by some legal
rules and regulations governing contracts of employments. JERRY and ESTHER are all
graduates from the same Teacher’s Training College fit in ability and capacity. Both
applied for a teaching job in BEST BILINGUAL ACADEMY. JERRY’s services was
preferred to that of ESTHER based on the fact that, the employer felt that, ESTHER being
a young girl may soon be involved in pregnancy and maternity leaves which might affect
her performance as well as the out put of the Institution. JERRY’s contract form stipulates
that, he will work for a period of time from September 3 rd to June 3rd. It was also agreed
that he will be paid salary commensurate to work done and not based on his academic
qualification.
i. What kind of contract of employment did John enter into with his employer? 2Mark
ii. From the extract, identify the following personalities. 2Marks
a. Employer
b. Employee.
iii. Which branch of Law governs and regulates issues between workers and their employers?
2Marks
iv. Where will you advise John to go and seek legal assistance in case of any breach of his
contract of employment? 2Marks
v. If John fines a more lucrative job and wishes to quit Best Bilingual Academy. State one
thing he must do to avoid any legal sanction? 2Marks
vi. Identify and explain which Fundamental Rights of ESTHER was violated base on her
capacity to work? 5Marks
SECTION D (Essay Questions) 30 Marks
Answer any three questions of your choice. Each question carries ten (10) marks.
1) Civil Responsibility calls for litigants to exercise some rights and duties. What are the legal
rights of a claimant against a defendant in a civil liability? Explain briefly by justifying
your answer with any cited case of a civil wrong. 10Marks
2) In order to succeed in everything we do in life, it must be backed by some aims or
objectives. As a student seeking an HND programme, what do you think are some of the
reasons that initiated the necessity of the study of law and Fundamental Rights in the HND
programmes? Elaborate in at least five (05) points 10Marks
3) Cameroon constitution has undergone many constitutional changes or amendments.
Succinely state the evolutional amendments from 1961 to present date.
10Marks
4) Laws are being classified into different categories based on their legal implications.
Identify five (05) areas of Laws and Explain any two (02) types
10Marks
SECTION E. (Short answers) 20 Marks
Answer any four questions. Each question carries five(05) marks
1) Man’s propensity to seek for peace and progress is his desire to prefer order than chaos.
This can be achieved by the means of laws. In simple terms, what is Law? Identify its
complexity in definition. 5Marks
2) Laws have been identified under two types. Name them and give at least two examples of
each 2Marks
3) The different colonial heritage of Cameroon influenced her sources of Laws. The need for a
wholistic respect of Human dignity and social welfare gave rise to the recognition of some
sources of Fundamental Rights. List three (03) sources of Fundamental Rights in
Cameroon. 5Marks
4) What are some legal consequences of incorporations. State five points
5Marks
5) A contract is an agreement between two or more persons which has a legal consequence.
Substantiate two (02) conditions sine qua non for a legally enforceable contract? 5Mark
6)

SECTION A
1. C
2. A
3. C
4. C
5. D
6. B
7. D
8. C
9. A
10. C
SECTION B
1. True
2. True
3. True
4. True
5. False
SECTION C
1)
a. The Financial Institution ACEFI. 1Mark
b. Because his business transaction is with ACEFI and not with the manager who robbed the
corporation. 2Marks
c. Banking law
d. Moral or artificial or corporate personality
i. Right to sue
ii. To own property
iii. Can enter into contracts
iv. To take loans
v. Separate ownership of property
e. Financial Institution
f. – Ministry of Finance
- Banking Commission for Central Africa (COBAC)
2)
i. A contract of specified duration
ii.
a. Best Bilingual Academy is the Employer
b. Jerry is the Employee 2Marks
iii. Labour Law 2Marks
iv. The Ministry for Labour and Social Security who has delegated powers at all levels of the
decentralized units Through the competent Labour and Social Security Inspector.
v. Notice the need to sort mutual agreement with the employer informing him with notice
the necessary change.
vi. The right to work. The right of gender equality
SECTION D
1) Civil responsibility is concerned with the rights and duties of an individual. A civil wrong
or liability is one against an individual or an organisation. These are private litigation
such as breach of contract or disputes of properties. The legal rights of a claimant are as
thus, A claimant issue a claim form stating out the facts alleged against the defendant
asking for damages and other remedies. The defendant is put in a defense by law to the
allegation of the claimant. Such cases are dealt with by a judge alone.
10Marks
2)
- To be able to identify the legal structure of the courts
- Able to determine labour relationship and how it can be concluded
- In order to know and be vest with human rights and their classifications and how they
can be protected Nationally and Internationally
- To acquaint the student with the basic text pertinent to environmental protection and
sustainable development
- To equip the HND student with the basic principles and concepts essential for an
understanding of the legal environment in which he/she functions
- To create an awareness of basic human rights and how they can be enforced or
protected within the professional context. 10Marks
3) After 46years of British and French administrations and as a result of the Foumban
Constituent Assembly of 1961, a written constitution was adopted for the Federal Republic
of Cameroon which entered into force on the 1 st of October 1961. This constitution was
accredited with representatives from both East and West Cameroon also known as
Cameroon Republic and British Cameroon. The 1961 Federal Constitution made provision
for a bilingual Federal state in French and English. The aim of this constitution was to
separate powers between the Executive, Legislature and the Judiciary in order to influence
expertists. Furthermore, with the advent of unification in 1972, a unitary constitution of 2 nd
June 1972 saw the light of day abolishing all the Federated structures. Again, the
Constitution undergone another series of amendment on the 18th January 1996 by Law No
96/06 of 8th January 1996, introducing decentralization institutions in Cameroon like the
Senate, Regions, the constitutional council among others. The last amendment occurred in
April 208, uplifting the limit to the number of terms of the office of the president of the
republic. The Constitution is power limiting. In a nutshell, looking at the looks of things
and the need of time, they might be some constitutional amendments in the future.
10Marks
4) Classification of Laws
- Imperitive Laws
- Scientific Law
- Moral Law
- Conventional Law
- Customary Law
- Labour Law
- International conventional Law
- Civil Law
- Criminal Law
- Administrative Law
- Family Law
- Commercial Law
Plus Explanation 10Marks
SECTION E
1) The term law attract many definitions and these definitions vary from one author to another
and from one state to the other. But in simple terms, Law is a set of rules and regulations
that governs the behaviours or conducts of people in the society. The power to legislate
laws in Cameroon is left in the hands of the parliament and the senate. Despite the diversity
of definition certain components most be found in the definition of Law. This include,
University, Objectivity and inevitability. 5Marks
2) Types of Laws and examples
i. Written Laws such as
- Statute/Legislations pass in parliament
- Case Law – by Judges
- European Union Legislation
- Parliamentary Act
ii. Unwritten Law
- Customs generally acceptable
- Equity (chancellors interpretation of fair and just) 2Marks
3) Sources of Law
- Legislation
- Case Law
- Text books of writers
- International conventions
- Common Law
- Doctrine of equity
- Fundamental Rights
- Universal declarations
4) Legal consequences of incorporation include:-
- A corporation can sue in its own name and can be sued.
- Once incorporated it formed a legal personality
- Can trade like an ordinary individual
- An incorporation can make contract on its own name with Human Agents.
SECTION A : MCQs 10 Marks
Choose the right answer from the given alternatives a – d 1Mark each
11. The following are alternative dispute resolution methods except one. Tick the exception a)
Mediation; b) Conciliation c) Court d) Arbitration.
12. What is the name of the final outcome of an arbitration process? a) Award b) Judgment c)
Decision d) Ruling.
13. The following constitute principal penalties in the Cameroonian penal code except one.
Tick the exception a) Death sentence b) Imprisonment c) Forfeiture d) Payment of fines
14. Which constitution in Cameroon introduced decentralized territorial collectivities? a) 1961
b) 1972 c) 1996 d) 2008
15. The following are defenses to criminal responsibility in Cameroon. Tick the exception a)
Infancy b) Insanity c) Intoxication d) majority.
16. The following constitute professional sources of labour law in Cameroon. Tick the
exception a) collective agreements b) Statutes c) contracts between parties d) trade usages
and customs
17. Which of the following is not a condition for the validity of a contract? a) capacity b) Licit
object c) A and B are correct d) Only A is correct
18. The following are principles of taxation except one. Tick the exception a) Equity &
Fairness b) Convenience c) Uncertainty d) Flexibility
19. Which of the following is a characteristic of taxes a) proportional b) Static c) Functional d)
All of the above.
20. Which of the following is not a principle regulating the administrant of justice in
Cameroon? a) Reasoned judgment b) Gratuity c) Division of civil and criminal courts d)
Public administration of justice
SECTION B Answer True or False to the following questions (5 points)
4. Under OHADA law, there exist two types of arbitrations: Ad hoc and Institutional
arbitration a) True b) False
5. A “First Try” contract must be agreed in writing whereas; a permanent engagement may
be written or oral
a) True b) False
6. A negotiable instrument is a document guaranteeing the payment of a specific amount of
money, either on demand, or at a set time, with the payer named on the document.
a) True b) False
4. Lien in banking law refers to the right of a creditor to retain the goods and securities owned by
a debtor until the debt due by him is repaid.
a) True b) False
6. Value Added Tax (VAT) is a form of direct tax
a) True b) False
SECTION C (Problem Solving) 30 marks
Instructions: Answer the following questions. Each question carries 15Marks
3) Mr. NGU is the general Manager and a member of the board of Directors of a Financial
Institution known as ACEFI. It was alleged that the establishment had undergone some
material and financial breakdown. Mr. EWANG a customer of this corporation wishes to
withdraw money from his savings account. Mr. EWANG was told that he had to notify the
corporation in at least a month’s time. He immediately changed his mind and applied for
withdrawal of money from his deposit account due to the urgency of his situation. To his
greatest dismay, he was told that the manager had made away with a huge sum of money
leaving the corporation bankrupt. Mr. EWANG is confused and needs legal Advice.
g. If Mr. EWANG was to take a legal action, who will he sue for damages? 1Mark
h. Why do you think his choice of personality is the best?
2Marks
i. The legal system are of different areas of Law each regulating, enacting rules and
principles for guidance. Which domain of Law governs this kind of business operation?
2Marks
j. State the legal personality of ACEFI after its registration and what rights does it posses
6Marks
k. Under which kind of corporation is the said establishment formed? 2Marks
l. What state two bodies that regulate financial institutions in Cameroon
2Marks
4) The relationship between an employer and the employee is often backed by some legal
rules and regulations governing contracts of employments. JERRY and ESTHER are all
graduates from the same Teacher’s Training College fit in ability and capacity. Both
applied for a teaching job in BEST BILINGUAL ACADEMY. JERRY’s services was
preferred to that of ESTHER based on the fact that, the employer felt that, ESTHER being
a young girl may soon be involved in pregnancy and maternity leaves which might affect
her performance as well as the out put of the Institution. JERRY’s contract form stipulates
that, he will work for a period of time from September 3 rd to June 3rd. It was also agreed
that he will be paid salary commensurate to work done and not based on his academic
qualification.
vii. What kind of contract of employment did John enter into with his employer?2Mark
viii. From the extract, identify the following personalities. 2Marks
c. Employer
d. Employee.
ix. Which branch of Law governs and regulates issues between workers and their employers?
2Marks
x. Where will you advise John to go and seek legal assistance in case of any breach of his
contract of employment? 2Marks
xi. If John fines a more lucrative job and wishes to quit Best Bilingual Academy. State one
thing he must do to avoid any legal sanction? 2Marks
xii. Identify and explain which Fundamental Rights of ESTHER was violated base on her
capacity to work? 5Marks
SECTION D (Essay Questions) 30 Marks
Answer any three questions of your choice. Each question carries ten (10) marks.
5) Civil Responsibility calls for litigants to exercise some rights and duties. What are the legal
rights of a claimant against a defendant in a civil liability? Explain briefly by justifying
your answer with any cited case of a civil wrong. 10Marks
6) In order to succeed in everything we do in life, it must be backed by some aims or
objectives. As a student seeking an HND programme, what do you think are some of the
reasons that initiated the necessity of the study of law and Fundamental Rights in the HND
programmes? Elaborate in at least five (05) points 10Marks
7) Cameroon constitution has undergone many constitutional changes or amendments.
Succinely state the evolutional amendments from 1961 to present date.
10Marks
8) Laws are being classified into different categories based on their legal implications.
Identify five (05) areas of Laws and Explain any two (02) types
10Marks
SECTION E. (Short answers) 20 Marks
Answer any four questions. Each question carries five(05) marks

7) Man’s propensity to seek for peace and progress is his desire to prefer order than chaos.
This can be achieved by the means of laws. In simple terms, what is Law? Identify its
complexity in definition. 5Marks
8) Laws have been identified under two types. Name them and give at least two examples of
each 2Marks
9) The different colonial heritage of Cameroon influenced her sources of Laws. The need for a
wholistic respect of Human dignity and social welfare gave rise to the recognition of some
sources of Fundamental Rights. List three (03) sources of Fundamental Rights in
Cameroon. 5Marks
10) What are some legal consequences of incorporations. State five points
5Marks
11) A contract is an agreement between two or more persons which has a legal consequence.
Substantiate two (02) conditions sine qua non for a legally enforceable contract?
5Marks

SECTION A
1. C
2. A
3. C
4. C
5. D
6. B
7. D
8. C
9. A
10. C
SECTION B
6. True
7. True
8. True
9. True
10. False
SECTION C
3)
g. The Financial Institution ACEFI. 1Mark
h. Because his business transaction is with ACEFI and not with the manager who robbed the
corporation. 2Marks
i. Banking law
j. Moral or artificial or corporate personality
i. Right to sue
ii. To own property
iii. Can enter into contracts
iv. To take loans
v. Separate ownership of property
k. Financial Institution
l. – Ministry of Finance
- Banking Commission for Central Africa (COBAC)
4)
vii. A contract of specified duration
viii.
c. Best Bilingual Academy is the Employer
d. Jerry is the Employee 2Marks
ix. Labour Law 2Marks
x. The Ministry for Labour and Social Security who has delegated powers at all levels of the
decentralized units Through the competent Labour and Social Security Inspector.
xi. Notice the need to sort mutual agreement with the employer informing him with notice
the necessary change.
xii. The right to work. The right of gender equality
SECTION D
5) Civil responsibility is concerned with the rights and duties of an individual. A civil wrong
or liability is one against an individual or an organisation. These are private litigation
such as breach of contract or disputes of properties. The legal rights of a claimant are as
thus, A claimant issue a claim form stating out the facts alleged against the defendant
asking for damages and other remedies. The defendant is put in a defense by law to the
allegation of the claimant. Such cases are dealt with by a judge alone.
10Marks
6)
- To be able to identify the legal structure of the courts
- Able to determine labour relationship and how it can be concluded
- In order to know and be vest with human rights and their classifications and how they
can be protected Nationally and Internationally
- To acquaint the student with the basic text pertinent to environmental protection and
sustainable development
- To equip the HND student with the basic principles and concepts essential for an
understanding of the legal environment in which he/she functions
- To create an awareness of basic human rights and how they can be enforced or
protected within the professional context. 10Marks
7) After 46years of British and French administrations and as a result of the Foumban
Constituent Assembly of 1961, a written constitution was adopted for the Federal Republic
of Cameroon which entered into force on the 1 st of October 1961. This constitution was
accredited with representatives from both East and West Cameroon also known as
Cameroon Republic and British Cameroon. The 1961 Federal Constitution made provision
for a bilingual Federal state in French and English. The aim of this constitution was to
separate powers between the Executive, Legislature and the Judiciary in order to influence
expertists. Furthermore, with the advent of unification in 1972, a unitary constitution of 2 nd
June 1972 saw the light of day abolishing all the Federated structures. Again, the
Constitution undergone another series of amendment on the 18th January 1996 by Law No
96/06 of 8th January 1996, introducing decentralization institutions in Cameroon like the
Senate, Regions, the constitutional council among others. The last amendment occurred in
April 208, uplifting the limit to the number of terms of the office of the president of the
republic. The Constitution is power limiting. In a nutshell, looking at the looks of things
and the need of time, they might be some constitutional amendments in the future.
10Marks
8) Classification of Laws
- Imperitive Laws
- Scientific Law
- Moral Law
- Conventional Law
- Customary Law
- Labour Law
- International conventional Law
- Civil Law
- Criminal Law
- Administrative Law
- Family Law
- Commercial Law
Plus Explanation 10Marks
SECTION E
5) The term law attract many definitions and these definitions vary from one author to another
and from one state to the other. But in simple terms, Law is a set of rules and regulations
that governs the behaviours or conducts of people in the society. The power to legislate
laws in Cameroon is left in the hands of the parliament and the senate. Despite the diversity
of definition certain components most be found in the definition of Law. This include,
University, Objectivity and inevitability. 5Marks
6) Types of Laws and examples
iii. Written Laws such as
- Statute/Legislations pass in parliament
- Case Law – by Judges
- European Union Legislation
- Parliamentary Act
iv. Unwritten Law
- Customs generally acceptable
- Equity (chancellors interpretation of fair and just) 2Marks
7) Sources of Law
- Legislation
- Case Law
- Text books of writers
- International conventions
- Common Law
- Doctrine of equity
- Fundamental Rights
- Universal declarations
8) Legal consequences of incorporation include:-
- A corporation can sue in its own name and can be sued.
- Once incorporated it formed a legal personality
- Can trade like an ordinary individual
- An incorporation can make contract on its own name with Human Agents.

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Law and Citizenship Education Revision Questions

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LAW AND CITIZENSHIP EDUCATION 1

SECTION I: INTRODUCTION TO LAW AND FUNDAMENTAL RIGHTS (20 MKS)

Answer all questions.

2) List four enabling text of application in Cameroon (2marks)

3). States the sources of law (3marks)

4).What is law and how can law be classified (3marks)

a) What type of contract has been concluded between A and B (1mark)

1) Defined the following with examples

d) Human Rights (4marks)

2) Gives 4 reasons why we study civics (2marks)

3) Distinguished between professional Competence and Autonomy (2 marks)

4) List 8 component of professional Ethics (2marks)

5) Discuss why we study professional ethics (5maks)

SECTION III LABOUR LAW (20 MKS)

1 Defined the following

b) Contract of Specified Duration

c) Contract of unspecified (3marks)

2) What are the various ways a contract of employment can be terminated?

3) States 5 Rights and 5 obligations of a worker or work man (3marks)

4) Write short notes on the following

5) List some of the duties of the employer (3marks)

6) State some of the characteristics of apprenticeship contract (3marks)

SECTION IV: BUSINESS LAW (20 MKS)

1) Discuss the following relationship in business law

a) Bankers and customer

b) Creditor and debtor relationship

c) Lessor and Lessee relationship

d) Principal and Agent relationship

e) Bail and Bailee relationship (10 marks)

2) Define the following terminology used in insurance law

g) Third parties (10 Marks)

4) List 8 component of professional Ethics

5) Discuss why we study professional ethics

III- LABOUR LAW AND SOCIAL SECURITY

1 Defined the following

2) What are the various ways a contract of employment can be terminated?

Answer all questions.

SECTION 1: INTRODUCTION TO LAW AND FUNDAMENTAL RIGHTS (20 MKS)

2) Briefly explain the following in civil and common law;

3. States and explain the functions of the Senate in Cameroon (4marks)

SECTION 3: LABOUR LAW (20 MKS)

c) What is industrial actions (2marks)

SECTION 4: BUSINESS LAW (20 MKS)

SECTION 5: COMPANY LAW (20 MKS)

2) State the Administrative functions of the OHADA Uniform Act (5marks)

MAKING GUIDE OF THE LAW PAPER

1) Write short notes on the following

d) Judicial Police officer

e) Officer of the penitentiary

• Performing effectively in clearly defined functions and roles.

• Taking information transparent decisions and management risk

• Developing the capacity and capability of the governing body to be effective.

• Engaging stakeholders and making accountability real.

SECTION 2: CIVICS ETHICS AND MORAL EDUCATION, CITIZENSHIP

1) What is moral conscience and the 4 categories of moral conscience

2) State some of the good governance principles

- Some of the Good Governance principles are,

- Transparency, Accountability, Effectiveness, Efficiency, Rule of law, participation,

3) Write short notes on the following

4) States and explain the functions of the Senate in Cameroon

a) To ensure adequate representation of the people of all the regions of Cameroon

b) To privide adequate security of the state budget.

c) It provide a smooth transition in case of incapacitation or dead of the president of the