Remedies – Page 2 – NBC Institute

BCL – Nov 2024 – L1 – Q1b – Company Directors and Other Officers

Can the Minister for Trade revoke Alidu's board appointment, and what remedies are available to Alidu?

Question

b) Alidu is a board member of Puduo Company LTD, a limited liability company with 5% shareholding by the Ghana Government. Alidu was appointed to the board three years ago by the Founder/Executive Chairman and majority shareholder of the company, Alhassan Morro. In accordance with the regulations of the company, he is entitled to appoint five of the nine-member board. Two of the board members represent worker groups and the other two come from other shareholders including the government. Alidu consented in writing to his appointment but the Minister for Trade just announced the revocation of Alidu’s appointment to the board. Alhassan Morro called Alidu to inform him that the government’s announcement was null and void and should be ignored.

Required:

i) Explain whether the Minister for Trade was justified in nullifying the appointment of Alidu. (6 marks)

ii) What TWO remedies, if any, are available to Alidu in the circumstance of this case? (4 marks)

Answer

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Tags: Board Appointments, Company Directors, Minister for Trade, Remedies, Shareholding
Level: Level 1

Topic: Company directors and other officers
Series: Nov 2024

BCL – Nov 2024 – L1 – Q1a – Vicarious Liability, Tort, Employment Law

Can Manopor Company LTD be held liable for an accident caused by an employee who violated the company's code of ethics by drinking alcohol during work hours?

Question

a) Gyabaa is a Senior Staff at Manopor Company LTD. The Code of Ethics of the company prohibits drinking alcoholic beverage during working hours. As part of the company’s culture, assorted drinks including alcoholic beverages are made available to all staff once every two months for three hours before the closing hours with no limits on how much each member of staff can consume. After one of such drink ups, Gyabaa, whilst driving home, had an accident and injured another road user. The cause of the accident was attributed to excess intake of alcohol by Gyabaa. Ahorlu, the injured victim is claiming he will take the matter to the Supreme Court.

Required:

i) Can the management of Manopor Company LTD be held liable for the accident caused by Gyabaa? (5 marks)

ii) Explain if Ahorlu can sue the company at the Supreme Court. (5 marks)

Answer

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Tags: Board Appointments, Minister for Trade, Remedies, Shareholding
Level: Level 1

Topic: Company directors and other officers, Employment law, Tort
Series: Nov 2024

BL – Nov 2012 – L1 – SB – Q2C – Law of Contract

Explain three remedies for breach of contract.

Question

Explain briefly THREE remedies for breach of contract.

Answer

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Tags: Breach of Contract, Remedies
Level: Level 1

Topic: Law of Contract
Series: NOV 2012

BL – Nov 2012 – L1 – SA – Q9 – Law of Contract

Identify the remedy used to restrain a breach of contract.

Question

An order which the court grants to restrain a breach of contract is called:
A. Interim order
B. Interlocutory order
C. Injunction
D. Enforcement order
E. A sanction

Answer

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Tags: Contracts, Injunctions, Remedies
Level: Level 1

Topic: Law of Contract
Series: NOV 2012

BL – May 2014 – L1 – SA – Q5 – Contract Law

Identifying the remedy requiring the breaching party to perform their obligations.

Question

The remedy or an order by a court ordering a party who breached an agreement to perform his obligations under the contract is known as ____________.

Answer

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Tags: Contracts, Remedies, Specific Performance
Level: Level 1

Topic: Contract Law
Series: MAY 2014

BL – May 2022 – L1 – SB – Q3b – Law of Contract

State five remedies for breach of contract and identify the one most applicable to the scenario.

Question

Christy had contracted ABANDAB Photo Studios to cover her wedding photography and made full payment for the services. However, on the day of the wedding, ABANDAB Photo Studios failed to turn up. Christy had to engage another photographer. She has come to you for advice on the remedies available to a person who is a victim of breach of contract.

Required:
State FIVE remedies available for breach of contract and identify the ONE that suits Christy’s situation and why.

Answer

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Tags: Breach of Contract, Remedies, Wedding Photography
Level: Level 1

Topic: Law of Contract
Series: MAY 2022

BL – Nov 2019 – L1 – SB – Q6d – Sale of Goods

Explanation of buyer's remedies for breach of contract terms by the seller.

Question

Under sale of goods law, the seller and buyer have obligations to each other.
Required:
Explain briefly THREE remedies available to a buyer for breach of contract terms by the seller. (6 Marks)

Answer

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Tags: Breach of Contract, Buyer remedies, Remedies, Sale of Goods
Level: Level 1

Topic: Sale of Goods
Series: NOV 2019

BL – Nov 2019 – L1 – SA – Q11 – Sale of Goods

Identifies the appropriate remedy for breach of warranty under sale of goods law.

Question

Under sale of goods law, which of the following is a remedy for breach of warranty?
A. Termination
B. Restitution
C. Rescission
D. Rejection
E. Damages

Answer

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Tags: Breach of Warranty, Remedies, Sale of Goods
Level: Level 1

Topic: Sale of Goods
Series: NOV 2019

BL – May 2017 – L1 – SB – Q6a – Employment Law

Explains the remedies available to an employer under employment law against employees involved in misconduct.

Question

Kukute employed Uthdom to oversee the Customer Relations Department of his business. He also employed Dunga as the Head of Haulage Division of the business. Last week, Police officers from the Divisional Headquarters arrested Dunga because a pistol was found in the luggage of a passenger on Kukute’s truck that Dunga was driving. Dunga claims that he gave the person a ride because he is his neighbour. The Police have arrested Dunga and impounded Kukute’s truck. A customer of Kukute also wrote a petition to him, alleging that Uthdom takes gratification from customers.

Required:
Explain briefly the remedies that Kukute has against Dunga and Uthdom respectively under employment law.

Answer

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Tags: Employee Misconduct, Employer Rights, Employment Law, Remedies
Level: Level 1

Topic: Employment law
Series: MAY 2017

BL – May 2017 – L1 – SB – Q5e – Hire Purchase, Consumer Credit Transactions

Identifies remedies available to a hirer in a hire purchase contract.

Question

State TWO remedies of a hirer in a Hire Purchase contract.

Answer

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Tags: Consumer Law, Hire Purchase, Remedies
Level: Level 1

Topic: Hire Purchase and Consumer Credit Transactions
Series: MAY 2017

BCL – Apr 2022 – L1 – Q2a – Contract Law

Discuss entitlement to remuneration under quantum meruit and identify situations where a contract can be discharged.

Question

Kwesi Mensah agreed to write a series of articles for Akem Juvenile Library on costume and ancient armour, to be published by instalments in Junior Graphic. When the work was partly completed up to about 70%, Akem Juvenile Library abandoned the series, without justification and or notice. Two publications have been done in Junior Graphic.

i) Explain whether Kwesi Mensah would be entitled to some remuneration in the circumstance of the facts of the case. (5 marks)

ii) Explain TWO (2) situations in which a contract can be discharged. (5 marks)

Answer

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Tags: Breach of Contract, Contract Discharge, Quantum Meruit, Remedies
Level: Level 1

Topic: Contract Law
Series: APR 2022

BCL – Nov 2020 – L1 – Q3d – Company Directors and Other Officers

Assess the validity of a director’s appointment and identify possible remedies.

Question

Asamoah is a board member of Darling Company Ltd, a limited liability company with 5% shareholding by the Ghana Government. Asamoah was appointed to the board three years ago by the Founder/Executive Chairman.
Kofi Mintah, the Founder/Executive Chairman, and majority shareholder of the company, in accordance with the regulations, shall appoint five of the nine-member board. Two of the board members represent workers groups and the other two come from other shareholders including the government. Asamoah consented in writing to his appointment but the Minister of Information just announced the revocation of Asamoah’s appointment to the board. Kofi Mintah called Asamoah to inform him that the government’s announcement was null and void and should be ignored.

Required:
i) Explain whether the Minister of Information was justified in nullifying the appointment of Asamoah. (6 marks)
ii) What TWO (2) remedies, if any, are available to Asamoah in the circumstance of the case? (4 marks)

Answer

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Tags: Appointment, Company Law, Directors, Remedies, Shareholders
Level: Level 1

Topic: Company directors and other officers
Series: NOV 2020

BCL – May 2016 – L1 – Q4 – Sale of Goods/Hire Purchase

Analyze the implications of paying 60% of a hire purchase price, the legality of seizing a motor, and possible remedies.

Question

Kobi Jones, a porter, buys a tricycle motor to help him cart goods of his clients. The motor was purchased from Agaza Motor Company Limited on a hire purchase agreement. The hire purchase price was GH¢4,500.00 to be paid for in twenty equal instalments. By June 2011, Kobi Jones had paid 60% of the purchase price but was unable to pay the instalment due in July 2011. His plea to be given more time to pay fell on deaf ears. In August 2011, while Kobi Jones was on his way to cart goods for customers, the agents of Agaza Motor Company seized the motor. Kobi Jones thus lost a very lucrative job from which he had hoped to make GH¢2,400.00. Kobi Jones is very upset and comes to you for advice.

a) Explain the effect that the payment of 60% of the purchase price had on the agreement. (6 marks)

b) What does the seizure of the motor by the agents of Agaza Motor Company amount to? (10 marks)

c) What remedies, if any, are available to Kobi Jones? (4 marks)

Answer

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Tags: Contract Breach, Hire Purchase, Protected Goods, Remedies
Level: Level 1

Topic: Sale of goods/hire purchase
Series: MAY 2016

BCL – Mar 2023 – L1 – Q4a – Employment Law

Identify grounds for unfair termination and remedies under the Labour Act, 1963 (Act 651).

Question

a) In a negotiation meeting between the Ministry for Employment, representatives of the Mineworkers Union, and Management of Anglosilver Ltd, the meeting ended in a deadlock. The following day, the workers were notified that the company had been closed down. After some discussions, the workers were asked to sign declarations of confidence in the management as a precondition for re-engagement. They did so but were rather issued with letters of rejection.

Required:
i) Identify THREE (3) grounds on which termination of employment will be considered unfair under the Labour Act, 1963 (Act 651).
(6 marks)

ii) Explain TWO (2) remedies available to a worker who was issued with a letter of rejection and is alleging unfair termination.
(4 marks)

Answer

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Tags: Employment Rights, Labour Act, Remedies, Unfair Termination
Level: Level 1

Topic: Employment law
Series: MAR 2023

BCL – Mar 2023 – L1 – Q2b – Contract Law

Explain the options available to a purchaser misled by fraudulent misrepresentation.

Question

Explain TWO (2) options open to a purchaser who is induced to buy property by a vendor’s fraudulent misrepresentation.
(4 marks

Answer

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Tags: Contract Law, Fraudulent Misrepresentation, Remedies
Level: Level 1

Topic: Contract Law
Series: MAR 2023

BCL – Dec2022 – Q1a – Sources of Law

Address the doctrines of equity, equitable remedies, and statutory interpretation in a contractual dispute.

Question

Question:
Paa Nii who resides in the UK sent an amount equivalent to GH¢1,500,000 to his nephew, Dennis, as part payment for the purchase of a house at Trassacco Springs. Paa Nii further sent regular installments to Dennis’ personal account to be given to the vendors. Paa Nii confirmed that Dennis failed to transfer the monies paid to him to the vendors. Paa Nii out of anger organised for Dennis’ vehicle to be burnt to ashes. Paa Nii, proceeded to sue to void the agreement and recover the amount paid.

i) List FOUR (4) doctrines of equity. (4 marks)
ii) In relation to the scenario above, is there any equitable remedy Paa Nii can rely on? (3 marks)
iii) Identify THREE (3) basic presumptions for statutory interpretation. (3 marks)

Answer

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Tags: Contract Law, Doctrines of Equity, Equity, Remedies, Statutory Interpretation
Level: Level 1

Topic: Sources of Law
Series: DEC 2022

Question Tag: Remedies

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BCL – Nov 2024 – L1 – Q1b – Company Directors and Other Officers

Can the Minister for Trade revoke Alidu's board appointment, and what remedies are available to Alidu?

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BCL – Nov 2024 – L1 – Q1a – Vicarious Liability, Tort, Employment Law

Can Manopor Company LTD be held liable for an accident caused by an employee who violated the company's code of ethics by drinking alcohol during work hours?

You're reporting an error for "BCL – Nov 2024 – L1 – Q1a – Vicarious Liability, Tort, Employment Law"

BL – Nov 2012 – L1 – SB – Q2C – Law of Contract

Explain three remedies for breach of contract.

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BL – Nov 2012 – L1 – SA – Q9 – Law of Contract

Identify the remedy used to restrain a breach of contract.

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BL – May 2014 – L1 – SA – Q5 – Contract Law

Identifying the remedy requiring the breaching party to perform their obligations.

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BL – May 2022 – L1 – SB – Q3b – Law of Contract

State five remedies for breach of contract and identify the one most applicable to the scenario.

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BL – Nov 2019 – L1 – SB – Q6d – Sale of Goods

Explanation of buyer's remedies for breach of contract terms by the seller.

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BL – Nov 2019 – L1 – SA – Q11 – Sale of Goods

Identifies the appropriate remedy for breach of warranty under sale of goods law.

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BL – May 2017 – L1 – SB – Q6a – Employment Law

Explains the remedies available to an employer under employment law against employees involved in misconduct.

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BL – May 2017 – L1 – SB – Q5e – Hire Purchase, Consumer Credit Transactions

Identifies remedies available to a hirer in a hire purchase contract.

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BCL – Apr 2022 – L1 – Q2a – Contract Law

Discuss entitlement to remuneration under quantum meruit and identify situations where a contract can be discharged.

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BCL – Nov 2020 – L1 – Q3d – Company Directors and Other Officers

Assess the validity of a director’s appointment and identify possible remedies.

You're reporting an error for "BCL – Nov 2020 – L1 – Q3d – Company Directors and Other Officers"

BCL – May 2016 – L1 – Q4 – Sale of Goods/Hire Purchase

Analyze the implications of paying 60% of a hire purchase price, the legality of seizing a motor, and possible remedies.

You're reporting an error for "BCL – May 2016 – L1 – Q4 – Sale of Goods/Hire Purchase"

BCL – Mar 2023 – L1 – Q4a – Employment Law

Identify grounds for unfair termination and remedies under the Labour Act, 1963 (Act 651).

You're reporting an error for "BCL – Mar 2023 – L1 – Q4a – Employment Law"

BCL – Mar 2023 – L1 – Q2b – Contract Law

Explain the options available to a purchaser misled by fraudulent misrepresentation.

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BCL – Dec2022 – Q1a – Sources of Law

Address the doctrines of equity, equitable remedies, and statutory interpretation in a contractual dispute.

You're reporting an error for "BCL – Dec2022 – Q1a – Sources of Law"

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