Question Tag: Third-Party Rights

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  • 1 Marks

BL – Nov 2019 – L1 – SA – Q15 – Hire Purchase and Consumer Credit Transactions

Identifies when a third party acquires good title in a hire purchase contract.

In hire purchase contract, in which of the following circumstances will a third party acquire a good title to the goods?
A. Where the hirer knows the third party
B. Where the owner is not informed
C. Where the third party knows the owner
D. Where the owner and hirer disagree
E. Where the hirer has completed payment of instalments

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  • 1 Marks

BL – May 2017 – L1 – SA – Q11 – Law of Contract

Identifies which scenario does not constitute an exception to the rule on privity of contract.

Which of the following is NOT an exception to the rule on privity of contract?
A. Third party right of action under the Motor Vehicles (Third Party Insurance Act)
B. Trustee’s right of action
C. Agency with power of attorney
D. Restrictive Covenant
E. Trade customs

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  • 10 Marks

BCL – Apr 2022 – L1 – Q2b – Contract Law

Explain breach of contract and available contractual remedies for Essuman and Njama in a scenario involving unfulfilled agreements.

b) Essuman is an Accountant, who agreed with Odumadze, a garage proprietor, that he will assist Odumadze with his annual tax returns if Odumadze would service his car for him. Essuman also agreed with Adjei, a landscape gardener, that he will advise him (Adjei), on the installation of a computerized financial management system if Adjei, in return, will carry out some landscape work at the house of Essuman’s daughter, Njama. Essuman assisted Odumadze and advised Adjei, but both (Odumadze and Adjei) refused to honour their side of their respective agreements. On his way to an important meeting, Essuman’s car broke down and he was very late for the meeting. As a result, Essuman lost a deal worth GH¢250,000 per annum to another Accountant. On the other hand, Njama was very anxious to have the landscape work done on her garden by Adjei because of his reputation for doing quality work. Essuman is very worried and hurt.

Required:

i) Explain what is meant by breach of contract.

(4 marks)

ii) Explain the nature of TWO (2) contractual remedies available to Essuman and Njama, in the context of the facts of this scenario. (6 marks)

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  • 3 Marks

BCL – Mar 2024 – L1 – Q2c – Contract Law

Assess the accuracy of the statement regarding third-party rights in the context of contract law.

“A third party who, without notice of any fraud or deficiency, obtains a contractual benefit is entitled to keep it.”

Required:

Briefly explain the accuracy or otherwise of the statement above. (3 marks)

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  • 1 Marks

BL – Nov 2019 – L1 – SA – Q15 – Hire Purchase and Consumer Credit Transactions

Identifies when a third party acquires good title in a hire purchase contract.

In hire purchase contract, in which of the following circumstances will a third party acquire a good title to the goods?
A. Where the hirer knows the third party
B. Where the owner is not informed
C. Where the third party knows the owner
D. Where the owner and hirer disagree
E. Where the hirer has completed payment of instalments

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  • 1 Marks

BL – May 2017 – L1 – SA – Q11 – Law of Contract

Identifies which scenario does not constitute an exception to the rule on privity of contract.

Which of the following is NOT an exception to the rule on privity of contract?
A. Third party right of action under the Motor Vehicles (Third Party Insurance Act)
B. Trustee’s right of action
C. Agency with power of attorney
D. Restrictive Covenant
E. Trade customs

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  • 10 Marks

BCL – Apr 2022 – L1 – Q2b – Contract Law

Explain breach of contract and available contractual remedies for Essuman and Njama in a scenario involving unfulfilled agreements.

b) Essuman is an Accountant, who agreed with Odumadze, a garage proprietor, that he will assist Odumadze with his annual tax returns if Odumadze would service his car for him. Essuman also agreed with Adjei, a landscape gardener, that he will advise him (Adjei), on the installation of a computerized financial management system if Adjei, in return, will carry out some landscape work at the house of Essuman’s daughter, Njama. Essuman assisted Odumadze and advised Adjei, but both (Odumadze and Adjei) refused to honour their side of their respective agreements. On his way to an important meeting, Essuman’s car broke down and he was very late for the meeting. As a result, Essuman lost a deal worth GH¢250,000 per annum to another Accountant. On the other hand, Njama was very anxious to have the landscape work done on her garden by Adjei because of his reputation for doing quality work. Essuman is very worried and hurt.

Required:

i) Explain what is meant by breach of contract.

(4 marks)

ii) Explain the nature of TWO (2) contractual remedies available to Essuman and Njama, in the context of the facts of this scenario. (6 marks)

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  • 3 Marks

BCL – Mar 2024 – L1 – Q2c – Contract Law

Assess the accuracy of the statement regarding third-party rights in the context of contract law.

“A third party who, without notice of any fraud or deficiency, obtains a contractual benefit is entitled to keep it.”

Required:

Briefly explain the accuracy or otherwise of the statement above. (3 marks)

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