Question Tag: Legal Action

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BL – May 2016 – L1 – SB – Q4b – Partnership Law

List essential clauses for a partnership deed and advise on legal action for partnership contribution disputes.

i. Partnership is a form of business association that requires pooling of resources together.

Required:

State SIX clauses that should be included in a Partnership Deed. (7 Marks)

ii. Ade, Uzo and Yemoh formed a partnership to carry on trade in palm produce. The other partners mandated Yemoh to be in full control in the running of the partnership. The partnership suffered losses and incurred debts of ₦3,000,000. Ade and Uzo are refusing to pay part of the debts, saying they were not involved in the management of the firm. Yemoh has come to you for advice.

Required:

Advise Yemoh on the legal action, if any, he could take to recover contribution from Ade and Uzo. (6 Marks)

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BL – May 2016 – L1 – SB – Q4a – Law of Tort

Advise on legal action for losses incurred due to professional advice in a business investment.

Femi, an entrepreneur, and his friend Umukan, a Chartered Accountant, are members of the same social club. Femi invited Emike to invest in sachet water business. Emike sought the professional advice of Umukan and paid him a fee for the advice. Umukan informed Emike that Femi’s business was doing well. Emike invested in the business based on Umukan’s professional advice and eventually suffered a loss of ₦350,000. Emike has come to you for advice.

Required:

Advise Emike on his chances of succeeding in a legal action he intends to institute against Umukan.

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AA – May 2018 – L2 – Q1b – Regulatory Framework and Audit Responsibilities

Compares the responsibilities of directors and auditors in relation to annual financial statements, focusing on potential legal action for misleading audit opinions.

Atu Emma & Co Chartered Accountants has audited Great Tribulation Ltd for 10 years. In 2017, the Directors found out that the company has been borrowing to finance operating expenses and this has gone on for the past two years. They have advised their lawyers to commence legal action against the auditors for misleading the Directors into approving the annual financial statements after they have given an unqualified audit opinion.

Required: Compare the responsibilities of the directors and auditors regarding the annual financial statements of Great Tribulations Ltd. (10 marks)

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BCL – May 2017 – L1 – Q7d – Negotiable Instruments

Explain the implications of a discrepancy between the written and numeric amounts on a cheque.

d) Kofi Mensa presented a cheque made out in his name to the BBB Bank. The drawer intended that the drawee withdraw an amount of GH¢2,000.00 which was written in words. The amount written in figures, however, showed GH¢200.00.

Required: Explain the chances of Kofi Mensa in any legal action against the BBB Bank. (5 marks)

 

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BCL – Nov 2016 – L1 – Q2c – Sale of Goods/Hire Purchase

Determine if Tracy Achiaa has legal grounds to recover the impounded vehicle.

Orlando Motors, an American Automobile Company, paid for three (3) cars and consigned them to Mr. Kobby Ayensu in Ghana by a bill of lading; vehicle No. GTB 7084 was one of the three (3) cars. Mr. Kobby Ayensu, as the consignee, took delivery of the vehicles and registered vehicle No. GTB 7084. He later sold the vehicle he registered to Tracy Achiaa. The appropriate change of ownership was then effected. Later, one Mr. Oko Lartey who was claiming interest in the cars, sued Mr. Kobby Ayensu in respect of the cars and immediately went to court and obtained an order resulting in the impounding of the vehicle from Tracy Achiaa.

Required:
Explain whether there is any legal basis for Tracy Achiaa to take action to recover the impounded vehicle.

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BCL – Mar 2024 – L1 – Q2a – Tort

Analyze whether Atta Mante and the other residents will succeed in a court action against the Adiso District Council for nuisance.

The Adiso District Council has been dumping garbage in a quarry close to a residential area at Abobo, where Atta Mante resides, and that Atta Mante alleged that the dumping of the refuse has often caused offensive and pestilential smell from vapours in the area, and that the stench emanating from the refuse had seriously interfered with their comfort and well-being. The Council denied having caused any discomfort to Atta Mante and the other residents and contended that the act complained of by Atta Mante and other residents, were conferred on the Council by law.

Required:

Explain whether Atta Mante and the other residents will succeed in any court action against Adiso District Council. (8 marks)

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BCL – Nov 2019 – L1 – Q1 – Sources of Law

Explanation of judicial precedent, grounds for departing from it, distinction between adversarial and inquisitorial systems, and a case scenario on employment termination.

a) What is judicial precedent? (2 marks)

b) State TWO (2) grounds under which the courts will depart from a judicial precedent. (4 marks)

c) Ghana legal system is adversarial rather than the inquisitorial approach. In TWO (2) ways, explain the distinction between them. (4 marks)

d) Koby Afadzie and Odartey Nelson were employed by Alfar Preparatory School to teach Mathematics and Social Science, respectively. By the terms of their employment, the two were to be on probation for eight (8) months before they could be fully appointed. Similarly, Adu Owusu and Kafui Yaw were engaged by the school as casual workers charged with the responsibility of keeping the school compound and classrooms clean. After the period of probation, the school authorities informed Koby Afadzie and Odartey Nelson that the school was not interested in giving them permanent appointments because of unsatisfactory performance. On the other hand, Adu Owusu and Kafui Yaw had their appointment terminated without any reason. The four (4) workers intend to take legal action against the school for compensation, accusing it of unfairly terminating their respective appointments.

Required:
Explain whether the workers will succeed in their respective intended legal action. (10 marks)

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BL – May 2016 – L1 – SB – Q4b – Partnership Law

List essential clauses for a partnership deed and advise on legal action for partnership contribution disputes.

i. Partnership is a form of business association that requires pooling of resources together.

Required:

State SIX clauses that should be included in a Partnership Deed. (7 Marks)

ii. Ade, Uzo and Yemoh formed a partnership to carry on trade in palm produce. The other partners mandated Yemoh to be in full control in the running of the partnership. The partnership suffered losses and incurred debts of ₦3,000,000. Ade and Uzo are refusing to pay part of the debts, saying they were not involved in the management of the firm. Yemoh has come to you for advice.

Required:

Advise Yemoh on the legal action, if any, he could take to recover contribution from Ade and Uzo. (6 Marks)

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BL – May 2016 – L1 – SB – Q4a – Law of Tort

Advise on legal action for losses incurred due to professional advice in a business investment.

Femi, an entrepreneur, and his friend Umukan, a Chartered Accountant, are members of the same social club. Femi invited Emike to invest in sachet water business. Emike sought the professional advice of Umukan and paid him a fee for the advice. Umukan informed Emike that Femi’s business was doing well. Emike invested in the business based on Umukan’s professional advice and eventually suffered a loss of ₦350,000. Emike has come to you for advice.

Required:

Advise Emike on his chances of succeeding in a legal action he intends to institute against Umukan.

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AA – May 2018 – L2 – Q1b – Regulatory Framework and Audit Responsibilities

Compares the responsibilities of directors and auditors in relation to annual financial statements, focusing on potential legal action for misleading audit opinions.

Atu Emma & Co Chartered Accountants has audited Great Tribulation Ltd for 10 years. In 2017, the Directors found out that the company has been borrowing to finance operating expenses and this has gone on for the past two years. They have advised their lawyers to commence legal action against the auditors for misleading the Directors into approving the annual financial statements after they have given an unqualified audit opinion.

Required: Compare the responsibilities of the directors and auditors regarding the annual financial statements of Great Tribulations Ltd. (10 marks)

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BCL – May 2017 – L1 – Q7d – Negotiable Instruments

Explain the implications of a discrepancy between the written and numeric amounts on a cheque.

d) Kofi Mensa presented a cheque made out in his name to the BBB Bank. The drawer intended that the drawee withdraw an amount of GH¢2,000.00 which was written in words. The amount written in figures, however, showed GH¢200.00.

Required: Explain the chances of Kofi Mensa in any legal action against the BBB Bank. (5 marks)

 

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BCL – Nov 2016 – L1 – Q2c – Sale of Goods/Hire Purchase

Determine if Tracy Achiaa has legal grounds to recover the impounded vehicle.

Orlando Motors, an American Automobile Company, paid for three (3) cars and consigned them to Mr. Kobby Ayensu in Ghana by a bill of lading; vehicle No. GTB 7084 was one of the three (3) cars. Mr. Kobby Ayensu, as the consignee, took delivery of the vehicles and registered vehicle No. GTB 7084. He later sold the vehicle he registered to Tracy Achiaa. The appropriate change of ownership was then effected. Later, one Mr. Oko Lartey who was claiming interest in the cars, sued Mr. Kobby Ayensu in respect of the cars and immediately went to court and obtained an order resulting in the impounding of the vehicle from Tracy Achiaa.

Required:
Explain whether there is any legal basis for Tracy Achiaa to take action to recover the impounded vehicle.

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BCL – Mar 2024 – L1 – Q2a – Tort

Analyze whether Atta Mante and the other residents will succeed in a court action against the Adiso District Council for nuisance.

The Adiso District Council has been dumping garbage in a quarry close to a residential area at Abobo, where Atta Mante resides, and that Atta Mante alleged that the dumping of the refuse has often caused offensive and pestilential smell from vapours in the area, and that the stench emanating from the refuse had seriously interfered with their comfort and well-being. The Council denied having caused any discomfort to Atta Mante and the other residents and contended that the act complained of by Atta Mante and other residents, were conferred on the Council by law.

Required:

Explain whether Atta Mante and the other residents will succeed in any court action against Adiso District Council. (8 marks)

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BCL – Nov 2019 – L1 – Q1 – Sources of Law

Explanation of judicial precedent, grounds for departing from it, distinction between adversarial and inquisitorial systems, and a case scenario on employment termination.

a) What is judicial precedent? (2 marks)

b) State TWO (2) grounds under which the courts will depart from a judicial precedent. (4 marks)

c) Ghana legal system is adversarial rather than the inquisitorial approach. In TWO (2) ways, explain the distinction between them. (4 marks)

d) Koby Afadzie and Odartey Nelson were employed by Alfar Preparatory School to teach Mathematics and Social Science, respectively. By the terms of their employment, the two were to be on probation for eight (8) months before they could be fully appointed. Similarly, Adu Owusu and Kafui Yaw were engaged by the school as casual workers charged with the responsibility of keeping the school compound and classrooms clean. After the period of probation, the school authorities informed Koby Afadzie and Odartey Nelson that the school was not interested in giving them permanent appointments because of unsatisfactory performance. On the other hand, Adu Owusu and Kafui Yaw had their appointment terminated without any reason. The four (4) workers intend to take legal action against the school for compensation, accusing it of unfairly terminating their respective appointments.

Required:
Explain whether the workers will succeed in their respective intended legal action. (10 marks)

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