PROFESSIONAL PROGRAM – Page 45

BCL – L1 – Q26 – Tort

Assess Adade Water Co. Ltd’s chances of success against Osoto Leather Co. Ltd under Rylands v Fletcher.

Question

Nexis Leather Co. Ltd used a solvent in their tanning business. The solvent escaped from beneath the works and eventually filtered into the water supply, polluting Bamidele Water Co. Ltd’s dam. Bamidele Water Co. Ltd was forced to abandon the dam to develop new water supplies. Consequently, Bamidele Water Co. Ltd took legal action against Nexis Leather Co. Ltd.

Required:

Briefly explain the chances of Bamidele Water Co. Ltd, in the light of the Rule in Rylands vs Fletcher.

Answer

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Tags: Environmental Damage, Foreseeability, Rylands v Fletcher, Strict Liability, Tort
Level: Level 1

Topic: Tort

BCL – L1 – Q25 – Tort

Explain the significance of tort law and its differences from contractual obligations.

Question

What is the significance of tort law, and how does it differ from contractual obligations?

Answer

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Tags: Civil Wrongs, Compensation, Contract Law, Legal Liability, Tort
Level: Level 1

Topic: Tort

BCL – L1 – Q24 – Nature of Transaction

Describe the nature of a promotional offer transaction in two ways.

Question

Nexis Company Limited had for weeks advertised their products in the electronic and print media that “Buy GH $450 worth of products from any of our branches and get one blender free”. The deadline for the promotion was 30 November 2020. Fiifi saw the advertisement and bought products worth GH $600 from one of the branches on 1 October 2020. Fiifi demanded the free blender. However, the salesgirl told him there was no free blender to be given in that branch. An argument then ensued.

Required:

(a). Describe in TWO (2) ways the nature of the transaction.

(b). Determine whether Fiifi should be entitled to the blender.

Answer

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Tags: Breach, Contract Enforcement, Contract Law, Public Offer, Remedies
Level: Level 1

Topic: Contract Law

BCL – L1 – Q23 – Breach of Contract

Determine if a defective tractor hire constitutes a breach of condition or warranty.

Question

Akosua Mensah, a businesswoman, who had a contract to supply timber logs to Asante Timber Co. Ltd, hired a tractor from Mavis Boateng, at a rate of GH $1,000.00 a day to enable her to haul the timber logs from her timber concession in Asankrangwa. Under the agreement, Akosua Mensah paid a deposit of GH $10,000.00. It is the case of Akosua Mensah that Mavis Boateng assured her that her tractor was in good condition and could haul at least 30 logs a day.

Akosua Mensah, 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. Akosua Mensah brought an action for damages for breach of contract. The Court awarded Akosua Mensah special damages of GH $20,000.00 on the basis of total failure of consideration.

Required:

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

Explain in THREE (3) ways whether the court was justified in the award of GH $20,000.00 to Akosua Mensah for the failure of consideration.

Answer

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Tags: Contract Law, Damages, Failure of Consideration, Part Performance, Remedies
Level: Level 1

Topic: Contract Law

BCL – L1 – Q22 – Legal Terms

Explain legal terms: Capacity, Acceptance, Misrepresentation, Goods, and Quantum Meruit in business law.

Question

Explain the following terms as used in the legal business environment:

(a) Capacity

(b) Acceptance

(d) Goods

(e) Quantum Meruit

Answer

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Tags: Acceptance, Capacity, Contract Law, Goods, Misrepresentation, Quantum Meruit, Sale of Goods
Level: Level 1

Topic: Sale of Goods

BCL – L1 – Q21 – Privity of Contract

Explain the term 'Privity of Contract' in the context of contractual rights and obligations.

Question

(a). Explain the term ‘Privity of Contract’

(b). Femi, aged fifteen (15), completed Secondary School and has approached you with a request to supply your company with building materials including cement and iron rods. The request was from a business enterprise known to your company, PrimeBuild Ltd., which was owned by Femi’s mother, and the request was signed by his mother. A line in the said letter read as follows: ‘You can negotiate the terms of the supply with bearer’.

Required:

Whether or not your company, represented by you, can negotiate with the bearer.

(c). Femi, aged fifteen (15), completed Secondary School and has approached you with a request to supply your company with building materials including cement and iron rods. The request was from a business enterprise known to your company, PrimeBuild Ltd., which was owned by Femi’s mother, and the request was signed by his mother. A line in the said letter read as follows: ‘You can negotiate the terms of the supply with bearer’.

Required:

The rights of the company, in the event of failing to supply the building materials to your company.

Answer

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Tags: Breach of Contract, Contract Law, Damages, Remedies, Specific Performance
Level: Level 1

Topic: Contract Law

Title: BCL – L1 – Q20 – Contract Law

Advise Mercy on her contractual rights after a job offer was withdrawn and a lower-paying job offered.

Question

After successfully going through the recruitment and selection, Mercy was verbally requested to start work on a specified date as Operations Manager. Mercy reported as requested and was again asked to wait while her office was being furnished. She was given another date to report and commence work. When she reported on the said date, Mercy was informed that the job was no more available but there was another job with a lower salary which was available immediately. Mercy was informed that she had two (2) days to accept the offer.

Required:

Mercy has approached you to advise her on her contractual rights.

Answer

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Tags: Breach of Contract, Contract Formation, Oral Contract, Remedies
Level: Level 1

Topic: Contract Law

Title: BCL – L1 – Q19 – Contract Law

Explain the basic elements of a contract for a training consultant engagement.

Question

In building the capacity of staff in Apex Gaming Commission, management has engaged a consultant from Nevada, (a well-known gaming state) under a contract to provide training. Some board members have opposed this engagement of the consultant from Nevada on the ground that their operational jurisdiction is different. In order to ensure that your company has full benefit of the signed contract and also reduce its legal risks, Management has requested you to prepare an Internal Memo to the Chief Executive Officer and explain the following:

(a) the basic elements of a contract

(b) the circumstances under which the contract can be vitiated

Answer

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Tags: Breach of Contract, Damages, Remedies, Specific Performance
Level: Level 1

Topic: Contract Law

BCL – L1 – Q18 – Contract Law

State four ways a lawfully entered contract can be discharged.

Question

State FOUR means by which a contract, lawfully entered by parties, may be discharged.

Answer

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Tags: Breach, Contract Law, Discharge of Contract, Performance
Level: Level 1

Topic: Contract Law

BCL – L1 – Q17 – Contract Law

List four modifications to the common law doctrine of consideration under the Contracts Act, 1960.

Question

The Contracts Act, 1960, Act 25, has modified the common law doctrine of consideration. List FOUR of the modifications.

Answer

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Tags: Consideration, Contract Law, Contracts Act, Modifications
Level: Level 1

Topic: Contract Law

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BCL – L1 – Q26 – Tort

Assess Adade Water Co. Ltd’s chances of success against Osoto Leather Co. Ltd under Rylands v Fletcher.

BCL – L1 – Q25 – Tort

Explain the significance of tort law and its differences from contractual obligations.

BCL – L1 – Q24 – Nature of Transaction

Describe the nature of a promotional offer transaction in two ways.

BCL – L1 – Q23 – Breach of Contract

Determine if a defective tractor hire constitutes a breach of condition or warranty.

BCL – L1 – Q22 – Legal Terms

Explain legal terms: Capacity, Acceptance, Misrepresentation, Goods, and Quantum Meruit in business law.

BCL – L1 – Q21 – Privity of Contract

Explain the term 'Privity of Contract' in the context of contractual rights and obligations.

Title: BCL – L1 – Q20 – Contract Law

Advise Mercy on her contractual rights after a job offer was withdrawn and a lower-paying job offered.

Title: BCL – L1 – Q19 – Contract Law

Explain the basic elements of a contract for a training consultant engagement.

BCL – L1 – Q18 – Contract Law

State four ways a lawfully entered contract can be discharged.

BCL – L1 – Q17 – Contract Law

List four modifications to the common law doctrine of consideration under the Contracts Act, 1960.

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Assess Adade Water Co. Ltd’s chances of success against Osoto Leather Co. Ltd under Rylands v Fletcher.

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Describe the nature of a promotional offer transaction in two ways.

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Determine if a defective tractor hire constitutes a breach of condition or warranty.

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Explain legal terms: Capacity, Acceptance, Misrepresentation, Goods, and Quantum Meruit in business law.

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Explain the term 'Privity of Contract' in the context of contractual rights and obligations.

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Advise Mercy on her contractual rights after a job offer was withdrawn and a lower-paying job offered.

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Explain the basic elements of a contract for a training consultant engagement.

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State four ways a lawfully entered contract can be discharged.

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List four modifications to the common law doctrine of consideration under the Contracts Act, 1960.

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