Topic: Sale of goods/hire purchase

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  • 7 Marks

BCL – May 2017 – L1 – Q7b – Sale of goods/hire purchase

Explain the transaction between K&K Company Limited and XBF Company Limited regarding goods delivered by sample.

b) Juba is a sales representative of K&K Company Limited. He visited the premises of XBF Company Limited. XBF Company Limited was interested in providing its core staff with protective clothing consisting of masks, gloves, and boots. After describing the types of protective clothing to the sales representative, Juba showed the XBF Company Limited samples of the masks, gloves, and the boots that his company intended to sell. The company accepted the samples. On the day of the delivery, the auditors of XBF found that the goods delivered did not match with the samples.

Required: Explain the transaction between K&K Company Limited and XBF Company Limited in terms of the provisions of the Sale of Goods Act, 1963 Act 137. (7 marks)

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  • 6 Marks

BCL – May 2017 – L1 – Q7a – Sale of goods/hire purchase

Differentiate between specific goods and unascertained goods in terms of definition.

a) What is the difference between ‘specific goods’ and ‘unascertained goods’ in terms of definition? (6 marks)

 

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  • 6 Marks

BCL – May 2017 – L1 – Q5c – Sale of goods/hire purchase

Distinguish between a contract for the sale of goods and an agreement to sell.

c) Distinguish between a contract for the sale of goods and an agreement to sell. (6 marks)

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  • 10 Marks

BCL – May 2017 – L1 – Q3b – Sale of goods/hire purchase

Explain the aspects of delivery of goods in a sale of goods contract, including the cost of delivery, means of delivery, and place of delivery.

b) Explain delivery of goods in relation to:

i) Cost of putting the goods into deliverable state. (2 marks)

ii) Means of delivery. (6 marks)

iii) Place of delivery. (2 marks)

 

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  • 20 Marks

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.

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)

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  • 10 Marks

BCL – May 2016 – L1 – Q3a – Sale of Goods/Hire Purchase

Identify remedies available to a buyer when goods are over-delivered, under-delivered, or delivered in a mixed lot.

What remedies are available to a buyer when goods are:
i) Over-delivered (3 marks)
ii) Under-delivered (3 marks)
iii) Delivered in a mixed lot (4 marks)

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  • 5 Marks

BCL – May 2016 – L1 – Q2a – Sale of Goods/Hire Purchase

Identify five ways in which property in goods passes from a seller to a buyer.

Identify FIVE ways in which property in goods passes from a seller to a buyer. (5 marks)

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  • 6 Marks

BCL – Nov 2016 – L1 – Q2c – Sale of Goods/Hire Purchase

Determine if Tracy Achiaa has legal grounds to recover the impounded vehicle.

Orlando Motors, an American Automobile Company, paid for three (3) cars and consigned them to Mr. Kobby Ayensu in Ghana by a bill of lading; vehicle No. GTB 7084 was one of the three (3) cars. Mr. Kobby Ayensu, as the consignee, took delivery of the vehicles and registered vehicle No. GTB 7084. He later sold the vehicle he registered to Tracy Achiaa. The appropriate change of ownership was then effected. Later, one Mr. Oko Lartey who was claiming interest in the cars, sued Mr. Kobby Ayensu in respect of the cars and immediately went to court and obtained an order resulting in the impounding of the vehicle from Tracy Achiaa.

Required:
Explain whether there is any legal basis for Tracy Achiaa to take action to recover the impounded vehicle.

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  • 8 Marks

BCL – Nov 2016 – L1 – Q2b – Sale of Goods/Hire Purchase

Identify differences between Free On Board (FOB) and Cost, Insurance, and Freight (CIF) contracts.

Identify FOUR differences each between Free On Board (FOB) contracts and Cost, Insurance, Freight (CIF) contracts.

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  • 6 Marks

BCL – Nov 2016 – L1 – Q2a – Sale of Goods/Hire Purchase

Explain the relationship between the parties under the Sale of Goods Act.

Mr. Bossman bought a Nissan diesel vehicle from Trans Africa Engineering and Motor Co. Ltd. However, when the vehicle broke down, Mr. Bossman did not go to the dealers for spare parts, but rather went to Messrs Jones Williams & Co., and through one of its directors, placed an order for the spare parts from Japan. The order was placed for the spare parts with TSS Co. Ltd, and by Telex, headed “we quote for Japan,” TSS Co Ltd, supplied Jones Williams & Co. with the requisite quotation, and that the spare parts would be delivered in three (3) months’ time. Mr. Bossman then got his foreign bankers to transfer the amount, being the cost of the spare parts to the bankers of Messrs Jones Williams & Co. Ltd, who in turn, paid the amount to the suppliers. When the spare parts were not forthcoming, Mr. Bossman sued Messrs Jones Williams & Co. for the return of his money, interest, and damages. Before the court case started, Mr. Bossman received the spare parts, and therefore had to abandon his claims.

Required:
a) Explain the following in terms of the provisions of the Sale of Goods Act, 1962 (Act 137):
i) The relationship between Mr. Bossman and Messrs Jones Williams & Co. Ltd.
ii) The relationship between TSS Co. Ltd and Messrs Jones Williams & Co. Ltd.

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  • 7 Marks

BCL – May 2017 – L1 – Q7b – Sale of goods/hire purchase

Explain the transaction between K&K Company Limited and XBF Company Limited regarding goods delivered by sample.

b) Juba is a sales representative of K&K Company Limited. He visited the premises of XBF Company Limited. XBF Company Limited was interested in providing its core staff with protective clothing consisting of masks, gloves, and boots. After describing the types of protective clothing to the sales representative, Juba showed the XBF Company Limited samples of the masks, gloves, and the boots that his company intended to sell. The company accepted the samples. On the day of the delivery, the auditors of XBF found that the goods delivered did not match with the samples.

Required: Explain the transaction between K&K Company Limited and XBF Company Limited in terms of the provisions of the Sale of Goods Act, 1963 Act 137. (7 marks)

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  • 6 Marks

BCL – May 2017 – L1 – Q7a – Sale of goods/hire purchase

Differentiate between specific goods and unascertained goods in terms of definition.

a) What is the difference between ‘specific goods’ and ‘unascertained goods’ in terms of definition? (6 marks)

 

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  • 6 Marks

BCL – May 2017 – L1 – Q5c – Sale of goods/hire purchase

Distinguish between a contract for the sale of goods and an agreement to sell.

c) Distinguish between a contract for the sale of goods and an agreement to sell. (6 marks)

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  • 10 Marks

BCL – May 2017 – L1 – Q3b – Sale of goods/hire purchase

Explain the aspects of delivery of goods in a sale of goods contract, including the cost of delivery, means of delivery, and place of delivery.

b) Explain delivery of goods in relation to:

i) Cost of putting the goods into deliverable state. (2 marks)

ii) Means of delivery. (6 marks)

iii) Place of delivery. (2 marks)

 

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  • 20 Marks

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.

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)

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  • 10 Marks

BCL – May 2016 – L1 – Q3a – Sale of Goods/Hire Purchase

Identify remedies available to a buyer when goods are over-delivered, under-delivered, or delivered in a mixed lot.

What remedies are available to a buyer when goods are:
i) Over-delivered (3 marks)
ii) Under-delivered (3 marks)
iii) Delivered in a mixed lot (4 marks)

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  • 5 Marks

BCL – May 2016 – L1 – Q2a – Sale of Goods/Hire Purchase

Identify five ways in which property in goods passes from a seller to a buyer.

Identify FIVE ways in which property in goods passes from a seller to a buyer. (5 marks)

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  • 6 Marks

BCL – Nov 2016 – L1 – Q2c – Sale of Goods/Hire Purchase

Determine if Tracy Achiaa has legal grounds to recover the impounded vehicle.

Orlando Motors, an American Automobile Company, paid for three (3) cars and consigned them to Mr. Kobby Ayensu in Ghana by a bill of lading; vehicle No. GTB 7084 was one of the three (3) cars. Mr. Kobby Ayensu, as the consignee, took delivery of the vehicles and registered vehicle No. GTB 7084. He later sold the vehicle he registered to Tracy Achiaa. The appropriate change of ownership was then effected. Later, one Mr. Oko Lartey who was claiming interest in the cars, sued Mr. Kobby Ayensu in respect of the cars and immediately went to court and obtained an order resulting in the impounding of the vehicle from Tracy Achiaa.

Required:
Explain whether there is any legal basis for Tracy Achiaa to take action to recover the impounded vehicle.

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  • 8 Marks

BCL – Nov 2016 – L1 – Q2b – Sale of Goods/Hire Purchase

Identify differences between Free On Board (FOB) and Cost, Insurance, and Freight (CIF) contracts.

Identify FOUR differences each between Free On Board (FOB) contracts and Cost, Insurance, Freight (CIF) contracts.

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  • 6 Marks

BCL – Nov 2016 – L1 – Q2a – Sale of Goods/Hire Purchase

Explain the relationship between the parties under the Sale of Goods Act.

Mr. Bossman bought a Nissan diesel vehicle from Trans Africa Engineering and Motor Co. Ltd. However, when the vehicle broke down, Mr. Bossman did not go to the dealers for spare parts, but rather went to Messrs Jones Williams & Co., and through one of its directors, placed an order for the spare parts from Japan. The order was placed for the spare parts with TSS Co. Ltd, and by Telex, headed “we quote for Japan,” TSS Co Ltd, supplied Jones Williams & Co. with the requisite quotation, and that the spare parts would be delivered in three (3) months’ time. Mr. Bossman then got his foreign bankers to transfer the amount, being the cost of the spare parts to the bankers of Messrs Jones Williams & Co. Ltd, who in turn, paid the amount to the suppliers. When the spare parts were not forthcoming, Mr. Bossman sued Messrs Jones Williams & Co. for the return of his money, interest, and damages. Before the court case started, Mr. Bossman received the spare parts, and therefore had to abandon his claims.

Required:
a) Explain the following in terms of the provisions of the Sale of Goods Act, 1962 (Act 137):
i) The relationship between Mr. Bossman and Messrs Jones Williams & Co. Ltd.
ii) The relationship between TSS Co. Ltd and Messrs Jones Williams & Co. Ltd.

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