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 – Nov 2018 – L1 – Q3a – Company Law

State three items required in the register of members/shareholders of a company.

State THREE (3) items that need to be in the register of members/shareholders of a company. (6 marks)

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BCL – Nov 2018 – L1 – Q2a – Contract Law

Explain why the Police Authorities refused to give a reward based on the concept of a unilateral contract.

The Police Authorities on behalf of the Government of the Republic of Taga offers a reward of GH¢10,000 to any person who provides information leading to the arrest and conviction of two suspected armed robbers. The robbers who rode on a motorbike shot and killed a policeman directing traffic on one of the busiest highways of the city of Rac.

Unaware of the reward, Kweku Minsu gave the information that led to the arrest of the armed robbers. He was later prompted by his friend Minimini to make a claim for the reward. He then went to make a claim for the reward but the Police Authorities refused.

Required:
Explain why the Police Authorities refused to give the reward to Kweku Minsu? (5 marks)

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BCL – May 2018 – L1 – Q2b – Contract Law

Explain the meaning of contract terms and rescission in contract law.

b) Explain the meaning of the following in the law of contract:

i) Term of Contract (2 marks)

ii) Rescission (2 marks)

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BCL – May 2018 – L1 – Q2a – Contract Law

Analyze the validity of a domestic agreement and the effect of a written promise.

a) When Ozozo was about to travel out of the country, he promised his wife Julie that he would remit her the equivalent of GH¢2,000 every month for the upkeep of the house. However, when he got to his destination, after sending money for two months he failed to honour the promise. He has just returned after two years stay outside the country. Julie has approached you to advise her whether she can claim the arrears in the contract with Ozozo.

Ozozo promised his daughter Anita before travelling that, he would buy a car for her on his return. Anita insisted that her father put that promise into writing and sign, which he did. On his return, Ozozo is dragging his feet in respect of his promise.

Required:
i) List FOUR elements of a valid contract. (4 marks)

ii) Explain to Julie whether the agreement with Ozozo constituted a valid contract. (3 marks)

iii) Advise Anita on the effect of putting the agreement in writing. (3 marks)

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BCL – Nov 2023 – L1 – Q3a – Contract Law

Identify fiduciary or confidential relationships that raise a presumption of undue influence.

a) The presumption of undue influence arises in confidential or fiduciary relationships. The presumption of undue influence applies when the relationship between the parties is such that one of them is, by reason of the confidence reposed in him by the other party, able to take unfair advantage of the other.

Required: State the fiduciary or confidential relationships which are recognized by the law as raising a presumption of undue influence in relationships between parties. (5 marks)

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BCL – Nov 2023 – L1 – Q2a – Contract Law

Discuss the concept of necessaries, enforceability of contracts with minors, and capacity in contract law.

a) Papa Kwesi, a 16-year-old native of Cantonments, is a fashion enthusiast. He orders goods online from Labalaba Ltd, and his parents readily pay. On 28 March 2023, he ordered the following items from Labalaba Ltd: 3 wristwatches, 6 pairs of “bugger” trousers, 4 fanciful pairs of shoes, 5 current brands of shirts, and 3 brand new pairs of shoes for his girlfriend. The total cost of goods ordered was GH¢20,000.

Papa Kwesi’s mother decided to put a break on her son’s unrestricted love for ordering goods online. The parents decided that Papa Kwesi should pay for the goods from his savings. The parents felt that some of the items were unnecessary as he had them in abundance. The company subsequently issued the cost of the items in the name of Papa Kwesi.

Required: i) Explain in law of contract what is meant by Necessaries. (3 marks)

ii) In the scenario above, will Labalaba Ltd succeed on the claim against Papa Kwesi for the cost of the goods? Explain your answer. (3 marks)

iii) Which persons under the law of contract are said to lack capacity to enter into a contract?

(4 marks)

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BCL – Nov 2023 – L1 – Q1d – Contract Law

Advise on the enforceability of a contract involving a civil servant.

Frank James is a foreign national and businessman. He approached Rampa, an accountant and civil servant at the Registrar General Department for assistance to establish a factory. Rampa was ready to help if Frank James offered him 20% of the yearly profit from the business. Subsequently, Frank James and Rampa signed a written agreement for Rampa to have 20% of yearly profit from the business. Frank James paid the 20% for the first two years. In the third and fourth years, Frank James failed to pay the agreed 20% on profit. Rampa insists on enforcing the agreement.

Required: Advise Rampa on the chances of success of his claim. (5 marks)

 

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BCL – Nov 2019 – L1 – Q4 – Contract Law

Analysis of whether a breach of contract constitutes a breach of condition or warranty, and the justification for awarding damages.

Kojo Atua, a businessman, who had a contract to supply timber logs to Okofoh Timber Co. Ltd, hired a tractor from Mary Arthur, at a rate of GH¢1,000.00 a day to enable him to haul the timber logs from his timber concession in Okofoh. Under the agreement, Kojo Atua paid a deposit of GH¢10,000.00. It is the case of Kojo Atua that Mary Arthur assured him that her tractor was in good condition and could haul at least 30 logs a day.

Kojo Atua, however, found the tractor to be defective almost from the beginning, with the tractor hauling a maximum of seven (7) logs a day, and a total of 60 logs during a period of a little over one month. Kojo Atua brought an action for damages for breach of contract. The Court awarded Kojo Atua special damages of GH¢20,000.00 on the basis of total failure of consideration.

Required:

i) Explain whether in the circumstance of the case, there was either a breach of condition of the contract or a breach of warranty. (10 marks)

ii) Explain in THREE (3) ways whether the court was justified in the award of GH¢20,000.00 to Kojo Atua for the failure of consideration. (10 marks)

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BCL – Nov 2017 – L1 – Q6 – High purchase, Contract Law

Discuss the rules for transfer of risk in sale of goods and explain the concepts of liquidated damages and quantum meruit.

a) State the essential rules concerning the transfer of risk in the sale of goods. (12 marks)

b) Explain the following:
i) Liquidated damages (4 marks)
ii) Quantum meruit (4 marks)

(Total: 20 marks)

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BCL – Nov 2017 – L1 – Q5b – Contract Law

Analyze the enforceability of a promise made after a service has been rendered.

b) Akosua returned from work to find that a young adult in the neighbor’s home had pruned all the hedges of her home. Akosua, pleased with what the young adult had done, promised a reward of GH¢100.00. After two weeks, when the reward was not forthcoming, the young adult approached Akosua with a stern warning to enforce the promise.

Required:
Explain the chances of the young adult if he intends to seek redress in court. (4 marks)

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