- 20 Marks
Question
a. A cheque is a bill of exchange drawn on a bank, payable on demand.
Required: Explain the following: i. Bearer cheque ii. Crossed cheque
b. Ayodele has created intentionally a false West African School Certificate to
facilitate her admission into a university.
Required: i. Explain the offence, if any, that Ayodele has committed.
iii. State the offence that Ayodele would be charged for if she were
employed as an accounting clerk and she made a false entry in the
accounting books of her employer.
c. In the law of agency, ratification is said to be equal to an antecedent
authority. Required: State FOUR conditions precedent for the act of a purported agent to be
ratified by the principal.
d. Vicarious liability is the subjection of a person to liability for the tort committed by another person, and it occurs in master/servant relationship. Required: State FOUR tests for determining if a relationship is that of master/servant to which vicarious liability may apply.
Answer
a.( i.)
A bearer cheque is a cheque made payable to whoever is in
possession of the cheque. It is also a cheque that is endorsed in
blank or a cheque made payable to an unnamed person.
ii. A crossed cheque is a cheque with two parallel transverse lines
across its face with or without the words „and company‟ or „not
negotiable‟ which cannot be cashed over the counter.
b. i. The offence which Ayodele has committed by creating a false
West African School Certificate with the intent that it could be
relied upon granting her admission to a university is the offence
of forgery. This is defined as knowingly making a false document
or writing with intent that it may in any way be used or acted
upon as genuine.
ii. Ayodele would be charged for the offence of fraudulent false accounting if she had made false entry in the accounting books of her employer, being employed as an accounting clerk.
c. For a principal to ratify the act of a purported agent, the following conditions must be satisfied: i. At the time of making the contract, the agent must purport to be acting on behalf of his projected principal; ii. The principal must have been in existence and have contractual capacity at the time the agent purported to act for him; iii. The principal must be competent to act at both the date of the contract and the date of the ratification; iv. The principal must have had full knowledge of all the material facts at the time of ratification or else be shown to manifest an intention to ratify the act, notwithstanding his ignorance of all the facts; v. The contract must be a valid one, and not void ab initio; and vi. Time is of essence for an agency to be created by ratification, so the principal must ratify the act within a reasonable time of the act.
d. The tests for determining if a relationship is that of master/servant to which vicarious liability applies include the following:
i. If the employer who shows the employee what to do and how to do it. In this situation, it is a master/servant relationship that distinguishes the servant from an independent contractor who is trained in his trade or profession and works without supervision.
ii. if one person pays the other wages and salaries, it is a master/servant relationship.
iii. If one person has power to hire and fire another, the relationship is a master/servant relationship; iv. If the employee is an integral part of the organization, that makes him a servant; and
v. If the employee was acting within the scope of his employment and in lawful capacity that is incidental to his work, he is observant.
- Topic: Negotiable Instruments
- Series: Nov 2024
- Uploader: Salamat Hamid