Topic: Sale of goods/hire purchase

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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.

Question

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)

Answer

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Tags: Contract Law, Description, Sale by Sample, Sale of Goods
Level: Level 1

Topic: Sale of goods/hire purchase
Series: MAY 2017

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

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

Question

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

Answer

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Tags: Contract Law, Sale of Goods, Specific Goods, Unascertained Goods
Level: Level 1

Topic: Sale of goods/hire purchase
Series: MAY 2017

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

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

Question

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

Answer

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Tags: Agreement to Sell, Contract Law, Sale of Goods, Transfer of Property
Level: Level 1

Topic: Sale of goods/hire purchase
Series: MAY 2017

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.

Question

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)

Answer

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Tags: Contract Law, Cost of Delivery, Delivery, Place of Delivery, Sale of Goods
Level: Level 1

Topic: Sale of goods/hire purchase
Series: MAY 2017

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.

Question

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)

Answer

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Tags: Contract Breach, Hire Purchase, Protected Goods, Remedies
Level: Level 1

Topic: Sale of goods/hire purchase
Series: MAY 2016

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.

Question

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)

Answer

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Tags: Buyer’s Remedies, Contract Law, Mixed Lot, Over Delivery, Under Delivery
Level: Level 1

Topic: Sale of goods/hire purchase
Series: MAY 2016

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.

Question

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

Answer

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Tags: Contract Law, Ghana, Passing of Property, Sale of Goods
Level: Level 1

Topic: Sale of goods/hire purchase
Series: MAY 2016

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

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

Question

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.

Answer

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Tags: Bona Fide Purchaser, Ghana, Legal Action, Sale of Goods
Level: Level 1

Topic: Sale of goods/hire purchase
Series: NOV 2016

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

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

Question

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

Answer

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Tags: CIF, Contracts, FOB, Sale of Goods, Shipping
Level: Level 1

Topic: Sale of goods/hire purchase
Series: NOV 2016

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

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

Question

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.

Answer

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Tags: Agency, Contracts, Ghana, Sale of Goods
Level: Level 1

Topic: Sale of goods/hire purchase
Series: NOV 2016

BCL – May 2021 – L1 – Q3b – Sale of goods/hire purchased

Listing the timelines within which a seller must deliver goods under the Sale of Goods Act, 1962 (Act 137).

Question

List FOUR (4) timelines under the Sale of Goods Act, 1962 (Act 137), within which a seller must deliver goods to the buyer. (5 marks)

Answer

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Tags: Contract of Sale, Delivery Timelines, Sale of Goods Act
Level: Level 1

Topic: Sale of goods/hire purchase
Series: MAY 2021

BCL – Mar 2024 – L1 – Q2b – Contract Law, Sale of goods/hire purchase

Evaluate whether Tinda Oil Ltd. can succeed in a court action against Azigipaa Ltd. based on the provisions of the Sale of Goods Act.

Question

Azigipaa Ltd invited tenders for the purchase of a tanker, said to be lying off the Island Bebre, together with the oil it was said to contain. Tinda Oil Ltd submitted a tender for which Azigipaa Ltd accepted. Tinda Oil Ltd went through considerable trouble and expense to modify a ship that the company owned for salvage work, and also brought equipment and engaged a crew. There was no tanker anywhere near the Island as described by Azigipaa Ltd. Tinda Oil Ltd has decided to take action in court against Azigipaa Ltd.

Required:

i) In light of the provisions of the Sale of Goods Act, is Tinda Oil Ltd likely to succeed in its action? (5 marks)

ii) List TWO (2) fundamental obligations of a seller under the provisions of the Sale of Goods Act 1962, Act 137.

(4 marks)

Answer

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Tags: Contractual Obligations, Legal Remedies, Misrepresentation, Sale of Goods
Level: Level 1

Topic: Contract Law, Sale of goods/hire purchase
Series: MAR 2024

BCL – May 2019 – L1 – Q5 – Agency, Sale of goods/hire purchase

Discusses the object of a sale of goods, legal advice for parties in a sale involving stolen property, and the duties of an agent.

Question

Yaa Konadu purchased a car from Kofi Apenteng. Two months later, it was discovered that the car was stolen property before it was acquired by Apenteng, and both parties were innocent. Konadu had to give back the car through the police. Apenteng had no title to pass on, so Konadu sued him for the refund of the whole of her money despite the fact that she had used the car for two months.

Required: a) Explain if the object of the sale of the car was met for either Yaa Konadu or Kofi Apenteng.
(4 marks)

b) Advise the parties.
(6 marks)

c) Explain FOUR (4) duties of an agent to his principal.
(10 marks)

Answer

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Tags: Agency Law, Duties of an Agent, Legal Advice, Sale of Goods, Transfer of Property
Level: Level 1

Topic: Agency Law, Sale of goods/hire purchase
Series: MAY 2019

BCL – Nov 2018 – L1 – Q2c – Sale of Goods/high purchased

Determine when property in goods passes from the seller to the buyer in a sale of goods contract.

Question

In a contract of sale of goods, at what time will property in the goods pass from the seller to the buyer? (8 marks)

Answer

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Tags: Legal Ownership, Property Transfer, Sale of Goods, Unascertained Goods
Level: Level 1

Topic: Sale of goods/hire purchase
Series: NOV 2018

BCL – May 2018 – L1 – Q3b – Sale of Goods/Hire Purchase

Discuss the basic requirements of a Hire Purchase agreement and the steps a hirer should take upon termination.

Question

b) Komosa Limited entered into a Hire- Purchase agreement with Mr. Gyeabour over a car. The agreement was to last for a period of 4 years of monthly instalment. The instalment arrangements went on for three and half years till Mr.Gyeabour decided to terminate the arrangement and stopped paying the instalment. For the remaining period, the Company had no news of Mr. Gyeabour or the car. When the car was later found, the air conditioning compartment was in a bad state of disrepair. The Company now intends to sue Mr. Gyeabour who has resurfaced. Mr. Gyeabour is now pleading with the Company for mercy.

Required:
i) Describe TWO basic requirements that should be outlined in a Hire Purchase Agreement. (4 marks)

ii) Explain to Mr. Gyeabour TWO steps he should have taken in respect of the termination and the damaged car under the Hire-Purchase Act, 1974 NRCD 292. (6 marks)

Answer

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Tags: Damaged Goods, Hire Purchase, Termination
Level: Level 1

Topic: Sale of goods/hire purchase
Series: MAY 2018

BCL – Nov 2023 – L1 – Q2b – Sale of Goods/Hire Purchase

Discuss the legal nature of goods under a hire purchase agreement and the implications of repossession by the seller.

Question

Yaro Ltd deals in cars. They let out their brand new car to Nakare on a hire purchase agreement. The total purchase price stood at GH¢86,000 payments to be made in two years. The monthly installment agreed on was GH¢3,600. With almost three quarters of the payment made, Nakare for unknown reasons refused to make further installment payments. Nakare refused to communicate to Yaro Ltd.

Officials of Yaro Ltd, including the accountant, while on a normal duty tour, chanced on the car and took possession of it. Nakare admitted to non-fulfillment of regular installment but argued that the company’s action was in error.

Required: i) With almost three quarters of the total purchase price paid, explain the legal nature of the goods. (5 marks)

ii) What are the possible implications of the actions of the officials of Yaro Ltd under the hire-purchase agreement? (5 marks)

Answer

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Tags: Contract Law, Hire Purchase, Legal Rights, Protected Goods
Level: Level 1

Topic: Sale of goods/hire purchase
Series: NOV 2023

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.

Question

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)

Answer

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Tags: Liquidated Damages, Quantum Meruit, Risk Transfer, Sale of Goods
Level: Level 1

Topic: Contract Law, Sale of goods/hire purchase
Series: NOV 2017

BCL – July 2023 – L1 – Q2a – Sale of Goods/Hire Purchase

Analyze the fitness for purpose in a sale of goods scenario and the seller's fundamental obligation under the Sale of Goods Act.

Question

Kofi Adabla visited the showroom of Car Dealers Ltd, a company that sells used vehicles. Kofi Adabla informed Car Dealers Ltd that he needed a vehicle that could withstand the rugged terrain. Kofi Adabla had his Mechanic with him. The salesman at the Car Dealers Ltd recommended a slightly used vehicle to Kofi Adabla. Kofi Adabla’s Mechanic did a thorough examination of the vehicle after which Kofi Adabla decided to buy the vehicle at a price of GH¢55,000.

Three months after Kofi Adabla bought the vehicle, it developed a mechanical fault which was promptly repaired by Car Dealers Ltd under the terms of sale, exhausting the warranty. Three months later, the vehicle developed another mechanical fault but Car Dealers Ltd refused to repair it. Kofi Adabla now threatens to sue.

Required:

i) Explain whether Kofi Adabla will succeed on a claim that the vehicle was not fit for the purpose for which it was acquired and that there was a breach of the conditions of sale. (5 marks)

ii) State the fundamental obligation of the seller under the Contract for Sale of Goods under the Sale of Goods Act, 1962 (Act 137). (5 marks)

Answer

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Tags: Conditions of Sale, Fitness for Purpose, Sale of Goods
Level: Level 1

Topic: Sale of goods/hire purchase
Series: JULY 2023

BCL – Dec2022 – Q2b – Sale of goods/hire purchase

Identify and explain issues in a contract of sale of goods involving government property.

Question

As part of efforts in catering for Ghanaians who were displaced by the Russian war on Ukraine, the Government of Ghana erected tents in Poland. These tents are no longer in use because all Ghanaians were evacuated back to Ghana. As a result, the Government set up a disposal board to sell these tents. The board agreed to sell the tents to Dominika who left an amount of GH¢10,000,000 as a security deposit for her purchases. According to the written agreement between the disposal board and Dominika, the price for the tents and the dates on which payment was to be made were to be agreed between the parties as and when the tents became available. In July 2022, a new disposal board took over and refused to sell the tents to Dominika. They stated that they no longer considered themselves bound by the contract.

Required:
Identify FOUR (4) issues in the contract of sale of goods in the above scenario. (8 marks)

Answer

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Tags: Contract Law, Government Contracts, Sale of Goods, Security Deposit
Level: Level 1