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Which of the following is NOT a condition for a valid ratification under agency law?
A. The professed principal must be in existence at the time of the contract
B. The contract must be professedly made on behalf of an identified or identifiable principal
C. The principal must have enough money to finance the transaction
D. The professed principal must have had full knowledge of all the material facts of the contract at the time of ratification
E. Ratification must be made within a reasonable time
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Find Related Questions by Tags, levels, etc.
Find Related Questions by Tags, levels, etc.
Find Related Questions by Tags, levels, etc.
Find Related Questions by Tags, levels, etc.
a. Adamu, a public officer whose duties relate to the administration of justice, was caught on camera corruptly requesting money from a person with a view to avoiding his duties to favor that person.
Required:
i. Under the Criminal Code, what offence could Adamu be charged for and what punishment is he liable to if convicted? (2 Marks)
ii. What would be Adamu’s punishment on conviction if his duties did not relate to the administration of justice? (2 Marks)
b. Thomas carried out a series of transactions on his bank account involving a frequency considered by the bank manager, Alhaji Adeyemo, to be unjustifiable or unreasonable. Adeyemo reported the transactions to the Economic and Financial Crimes Commission, leading to the interrogation of Thomas. Thomas has now filed a civil action for defamation against Alhaji Adeyemo.
Required:
Advise Alhaji Adeyemo on possible liability for the action and his possible defence. (4 Marks)
c. George, who is the chief accountant of Digital Supermarkets, has reasons to believe that certain online lodgments into the supermarket’s bank account by one of the salesgirls were highly suspicious.
Required:
i. What steps should George take as the accountant? (2 Marks)
ii. Explain briefly what you understand by ‘electronic fraud’. (2 Marks)
d. Brenda, an agent who had instructions to sell her principal’s house in the open market, bought the house for herself using her brother as a front without informing the principal.
Required:
State TWO duties Brenda has breached as an agent. (2 Marks)
e. Ngozi retains part of the goods he was instructed to sell as an agent on the ground that the principal has refused to indemnify him for reasonable expenses incurred in the course of carrying out the agency.
Required:
State the condition under which Ngozi, as an agent, could lawfully retain the goods. (2 Marks)
f. Juliet is an officer of an auctioneer company with instructions to auction properties belonging to Adams, but the warehouse handlers displayed goods belonging to Mathias in error. Mathias has brought a suit against Juliet for negligence.
Required:
i. Advise Juliet on the defence or defences available to her, explaining briefly the rule of law for your advice. (2 Marks)
ii. State TWO necessary ingredients which must be proved by a plaintiff to succeed in an action for negligence. (2 Marks)
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Find Related Questions by Tags, levels, etc.
Find Related Questions by Tags, levels, etc.
Find Related Questions by Tags, levels, etc.
Find Related Questions by Tags, levels, etc.
Yaa Konadu purchased a car from Kofi Apenteng. Two months later, it was discovered that the car was stolen property before it was acquired by Apenteng, and both parties were innocent. Konadu had to give back the car through the police. Apenteng had no title to pass on, so Konadu sued him for the refund of the whole of her money despite the fact that she had used the car for two months.
Required: a) Explain if the object of the sale of the car was met for either Yaa Konadu or Kofi Apenteng.
(4 marks)
b) Advise the parties.
(6 marks)
c) Explain FOUR (4) duties of an agent to his principal.
(10 marks)
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Fiko in Cape Coast appointed Pinfa at Takoradi (Cape Coast and Takoradi all in the Republic of Ghana) as his agent. Pinfa had the authority to contract with farmers for the cultivation and supply of tiger nuts on his behalf. While the agency relationship exists, Pinfa contracted with Agya Anto for the supply of 10 bags of tiger nuts without disclosing the existence of the agency relationship with Agya Anto.
Required:
i) Has Fiko any right to step in the contract between Pinfa and Agya Anto? (4 marks)
ii) Has Agya Anto any available right in his contract with Pinfa while he (Pinfa’s) agency with Fiko exists? (3 marks)
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a) Cho instructs his agent Duu to sell his car. Cho decided to pay GH¢5,000 as commission to Duu on completion of the sale. Duu sold the car and was accordingly paid the commission of GH¢5,000. Cho then immediately found that the purchaser of the car had also paid a bribe of GH¢2,500, which Duu did not disclose.
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Eddie is the manager of A-LIFE shopping mall owned by Bertha. In January he is told by Bertha not to buy biscuit from a new company called Crunch Ltd, because she has heard that their products are of poor quality.
On 18th February, Christa, a representative of Crunch Ltd, visits the A-LIFE shopping mall, and as a result, Eddie orders 10,000 cedis worth of biscuits. Christa is unaware of Bertha’s instructions.
When later in the day Bertha discovers what Eddie has done, they have arguments, and Eddie resigns. The following day Eddie goes to Drinkit Ltd, Bertha’s regular supplier of wine and spirit, and purchases 10 cases of whisky on credit in Bertha’s name. He then absconds with the whisky.
Bertha comes to seek your advice as to her liability to:
a. Crunch Ltd; (10 marks)
b. Drinkit Ltd. (10 marks)
(Total=20 marks)
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Prime Company Ltd, traders in frozen fish, entered into an oral agreement for the supply and sale on credit basis, of all its frozen fish to Addae Company Ltd. The affairs and the business of Prime Company Ltd were undertaken by its Managing Director and one Maxwell Mensah. Maxwell Mensah was never appointed by the Company as a director, but he transacted business on behalf of Prime Company Ltd with Addae Company Ltd, as if he were a director and the Chief Executive Officer of the Company. Maxwell Mensah acted on behalf of the Company by signing the applications for the Company to be registered as an importer, apart from financially assisting the Company to start business. The name of Maxwell Mensah also appeared on the Company’s letter-head as one of its directors.
Prime Company Ltd allowed Maxwell Mensah to share in its profits by allocating to him fifty percent (50%) of the last consignment of fish. Maxwell Mensah entrusted the sale of the consignment allocated to him for his benefit to Addae Company Ltd and directed that the proceeds of the sale should be paid by Addae Company Ltd into the account of his private firm, Asanko Ventures Ltd. In the course of the transaction, Addae Company Ltd paid various sums of money being proceeds of the sale of fish supplied to Prime Company Ltd to both the Managing Director of Prime Company Ltd and Maxwell Mensah. No valid receipts were given for those payments. At the close of business, the trading account of Prime Company Ltd showed a debit balance of over GH¢ 16,000.00 against Addae Company Ltd. Prime Company Ltd subsequently demanded that this amount be paid. Addae Company Ltd resisted settlement on the grounds that it had already accounted fully for the cost of the fish sold to it on credit.
Required:
In the light of the above facts, explain whether Prime Company Ltd would be justified in denying Maxwell Mensah as an Officer of the Company. (20 marks)
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