Topic: Contract Law

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BL – Nov 2012 – L1 – SA – Q6 – Contract Law

Identify a minor term in a contract.

State the term of a contract which is minor or which is ancillary to a major term.

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BL – Nov 2012 – L1 – SA – Q1 – Contract Law

Identify the cardinal rules of interpretation in law.

The cardinal rules of interpretation are the literal rule, Ejusdem generis rule, and _________.

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BL – Nov 2012 – L1 – SA – Q19 – Contract Law

Identify the legal activity that an undischarged bankrupt is not incapacitated from doing.

An undischarged bankrupt is NOT legally incapacitated to do ONE of the following:

A. To marry a wife
B. To be elected into an elective office
C. To be appointed to or to act in the office of a Justice of Peace
D. To be appointed as a trustee of a trust estate
E. To be admitted to serve on a governing board of a statutory institution

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BL – May 2014 – L1 – SB – Q2B – Contract Law

Identifying five ways a contract can be discharged.

Contractual obligations and rights arising from a contract can be discharged in various ways.
You are required to state FIVE ways by which a contract may be discharged.

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

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

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 ____________.

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BL – May 2014 – L1 – SA – Q4 – Contract Law

Identifying the term for a contract breach entitling only damages.

The ordinary term of a contract which entitles the aggrieved party to sue only for damages and not rescission of the agreement is a ____________.

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BL – May 2014 – L1 – SA – Q11 – Contract Law

Identifying when the court may lift the veil of incorporation.

Under the common law, the veil of incorporation will NOT be lifted where the company:
A. Has been formed for fraudulent or illegal purposes
B. Operates as an agent of shareholders
C. Trades with alien enemies
D. Engages in acts that are detrimental to public interest
E. Engages in completely ultra vires activities

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BL – Nov 2021 – L1 – SA – Q11 – Contract Law

Identifying the type of contract negotiated on social media.

Emeka and Ngozi negotiated and entered into a contract using Facebook throughout. What kind of contract is this?
A. Facebook contract
B. Unenforceable contract
C. Contract pending signature
D. Social media contract
E. Electronic contract

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BL – Nov 2022 – L1 – SA – Q7 – Contract Law

Defining the act that constitutes theft under the Criminal Code.

Which of the following is classified as an act of theft under the Criminal Code?

A. Acquisition of property
B. Conversion of property
C. Assumption of property
D. Presumption of property
E. Disposal of property

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BL – Nov 2023 – L1 – SB – Q5c – Contract Law

Advises on the legal implications of transferring bulk money from Canada to Nigeria under the Money Laundering (Prevention and Prohibition) Act.

Oluwe family borrowed money to enable him (Oluwe) to travel to Canada in 2014 to study Medicine. After graduation, he stayed back in Canada to work. He now wants to transfer bulk money equivalent to US$15,000 to his family from Canada. One of the family members, Oghiei, has come to you to ask what he should do, considering the Money Laundering (Prevention and Prohibition) Act 2022.

Required:
State the legal position and advise Oghiei. (6 Marks)

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BL – May 2015 – L1 – SB – Q5b – Contract Law

Define misrepresentation and state its effects on contracts.

A contract can be affected by vitiating factors, of which misrepresentation is an example.

Required:
i. What is misrepresentation? State any ONE type of misrepresentation. (2 Marks)
ii. State any TWO effects of misrepresentation on contracts. (2 Marks)

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BL – May 2015 – L1 – SB – Q5a – Contract Law

Define the concept of assignment in relation to insurance and explain the types of assignment possible.

Assignment is ONE of the principles in a contract of insurance.

Required:
i. Define the concept of assignment in relation to insurance contracts. (3 Marks)
ii. State the THREE types of assignment that are possible under an insurance contract. (3 Marks)
iii. “Insurance contracts are contracts uberrimae fidei”. Explain this doctrine, and state any ONE major duty the doctrine imposes on the parties to an insurance contract. (4 Marks)

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BL – May 2015 – L1 – SB – Q4c – Contract Law

Identify and explain two types of contracts that are void at common law.

Common Law regards some contracts as void.

Required:
State and explain any TWO contracts that are void at Common Law. (6 Marks)

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BCL – Apr 2022 – L1 – Q5a – Contract Law

Analyze the legal implications of a tender process where a bid was not considered due to administrative error, and whether this constitutes a breach of contract.

a) The Krachi Assembly having an Airport in its locality grants a single concession to operaters for pleasure flight from the airport. For a period of ten years that licence had been held by the Njoku club. When the concession came up for renewal, the Assembly decided to invite competitive tenders for it. Tenders were to be submitted by 12:00 pm on a given day. The Assembly’s, letter box was not cleared between the time of the club posting its tender and the closing time for the bids, with the result that the club’s tender was not considered.

The club claimed that the Assembly was in breach of a contract as it has not considered all tenders received before the deadline.

Required:

The Njoku club, in the case above, claimed that the Assembly was in breach of a contract for not considering all tenders received before the deadline. Explain. (5 marks)

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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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BCL – Apr 2022 – L1 – Q2a – Contract Law

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

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)

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BCL – Apr 2022 – L1 – Q1b – Public sector entities, Contract Law

Explain money laundering, its stages, and list anti-corruption institutions in Ghana.

Pepo Ghana Ltd operated three accounts at the Arena branch of Coin Bank Ltd. On 27 May 2020, the Financial Intelligence Centre (FIC) in a letter, directed Coin Bank Ltd to freeze all the accounts of Pepo Ghana Ltd.

i) Explain money laundering and explain TWO (2) stages of money laundering. (6 marks)

ii) List TWO (2) anti-corruption institutions in Ghana.

(4 marks)

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BCL – Nov 2020 – L1 – Q5c – Contract Law

Explain whether consideration is always a requirement for a contract to be valid.

Explain whether consideration is always a requirement for a contract to be valid. (5 marks)

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BCL – Nov 2020 – L1 – Q4b – Contract Law

Assess the legal effect of a company's acceptance of a tender in a contract.

A Company known as Asempa Quarry Ltd, invited tenders for the supply of 2000 bulldozers to be delivered within seven months. Maxwell put in a tender intimating that he is prepared to supply the bulldozers at fifty thousand Ghana Cedis (GH¢50,000.00). The company accepted the tender by a letter, and subsequently gave various orders which were executed by Maxwell. The Director of Finance claims there is no valid agreement to support the payments.

Required:
i) State briefly the legal effect of the company’s actions.

(6 marks)

ii) The maxim “Caveat Emptor” and “Caveat Venditor” sound a note of caution to contracting parties.
State THREE (3) things that are required of a wary contracting party. (6 marks)

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BCL – May 2017 – L1 – Q6c – Company Law

State the circumstances under which the Registrar of Companies will refuse to register the proposed regulations of a company.

c) State the circumstances under which the Registrar of Companies shall refuse to register the proposed Regulations of a company. (6 marks)

 

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