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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BCL – May 2019 – L1 – Q7 – Company Law

Discusses the process of liquidation, different modes of winding up, and the consequences of the winding up process.

a) Explain liquidation and state the different modes by which a company may be wound up.
(8 marks)

b) Describe FOUR (4) consequences of a winding up process.
(12 marks)

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BCL – May 2019 – L1 – Q6b – Company Law

Identifies conditions under which a person is disqualified from being appointed as an auditor in a private company.

b) Identify FOUR (4) conditions to disqualify a person from being appointed as auditors in a private company.
(8 marks)

 

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BCL – May 2019 – L1 – Q6a – Company Law

Explains the concepts of floating charge, naked debentures, and income surplus in company law.

a) Explain the following:
i) Floating charge
ii) Naked Debentures
iii) Income Surplus
(12 marks)

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BCL – May 2019 – L1 – Q4 – Company Law

Discusses the rights of parties in share allotment and revocation under company law.

On 1st January 2018, Parentsgold Ltd, a new and promising company, had its prospectus published. On 3rd January 2018, Frank Larry sent an application for GH¢100,000 worth of shares in Parentsgold Ltd. On the same 3rd January, Abena Manu submitted an application for GH¢50,000 worth of shares, but on 8th January 2018, she sent a mail revoking her application. Both applicants remitted the requisite application moneys on the day of their application.

Due to lack of a quorum, the Board of Directors of Parentsgold Ltd could not meet to consider the applications and allot shares until 15th September 2018. Frank Larry was informed on 16th September 2018 that his application had been accepted and that GH¢100,000 worth shares had been duly allotted to him, but he wrote back refusing the allotment.

Required: Advise the parties of their rights, if any.
(20 marks)

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BCL – May 2019 – L1 – Q3b – Contract Law

Discusses the identification and explanation of equitable remedies under the law of contract.

Identify and explain any TWO (2) equitable remedies under the law of contract.
(8 marks)

 

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BCL – May 2019 – L1 – Q3a – Contract Law

Distinguish between legal and equitable remedies in contract law.

a) Distinguish between a legal and equitable remedies in contract law. (2 marks)

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BCL – Nov 2018 – L1 – Q7c – Contract Law

Describe two ways in which contracting parties can terminate their contract.

Describe TWO (2) ways in which contracting parties can terminate their contract. (8 marks)

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BCL – Nov 2018 – L1 – Q4a – Company Law

Explain three privileges available to shareholders with cumulative preference shares.

Explain THREE (3) privileges available to shareholders/members of a company limited by shares with cumulative preference shares. (12 marks)

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BCL – Nov 2018 – L1 – Q3c – Company Law

Identify five situations in which a court can order a company to be wound up.

Identify FIVE (5) situations in which a company can be ordered by court to wind up. (8 marks)

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BCL – Nov 2018 – L1 – Q3b – Company Law

List three civil liabilities that can be brought against a director for breaching their duty.

As part of the duty, a director of a company stands in a fiduciary relationship towards the company and shall observe the utmost good faith towards the company in a transaction with it or on its behalf. He or she shall act at all times in what the director believes to be the best interests of the company as a whole so as to preserve its assets, further its business, and promote the purposes for which it was formed, and in a manner that a faithful, diligent, careful, and skillful director would act in the circumstances. Besides, a director is not to use for his or her own advantage the money or property of the company or confidential information or special knowledge obtained in his or her capacity.

Required:
List THREE (3) civil liabilities that are to be brought against a director who commits a breach of duty and violates the rules regarding conflict of interest.

(6 marks)

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