- 20 Marks
Question
a. The beneficiaries under a trust have certain rights in a situation where the trustee does not administer the trust diligently.
Required:
State FOUR rights of a beneficiary against abuse of powers of a trustee. (6 Marks)
b. One of the ways by which a contract of employment could be terminated is by dismissal of the employee.
Required:
(i) Differentiate between dismissal and interdiction. (4 Marks)
(ii) State FOUR reasons for the dismissal of an employee. (4 Marks)
c. The owner of the goods in a contract of hire purchase has some rights against a third party who has acquired no good title to the goods under the agreement.
Required:
State THREE rights of the owner against a third party that has acquired no good title to the goods under a hire purchase contract. (6 Marks)
Answer
a. The four rights of a beneficiary against the abuse of powers of a trustee are:
(i) Right to compel the trustee to render an account;
(ii) Right to apply for an injunction to prevent a breach of trust;
(iii) Right to remove the trustee for misconduct;
(iv) Right to trace the trust property.
b.
(i) Dismissal is the removal of an employee due to misconduct, while interdiction is a suspension pending an investigation.
(ii) Four reasons for dismissal include:
- Gross misconduct;
- Fraud;
- Negligence;
- Absence without permission.
c. The three rights of the owner in a hire purchase contract against a third party who has acquired no good title are:
(i) Right to recover the goods;
(ii) Right to sue for damages;
(iii) Right to reclaim possession.
- Tags: Employment Contracts, Hire Purchase, Trusts
- Level: Level 1
- Topic: Employment law
- Series: MAY 2018
- Uploader: Theophilus