Question Tag: Agency Law
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- 5 Marks
BCL – Nov 2024 – L1 – Q4a – Agency of Necessity
Legal implications of an agent acting in necessity during a curfew.
Question
Ozoozo is a cargo driving agent of Oforiwa, a trader. Ozoozo loaded a truck of yam from Kutunada for delivery to Oforiwa in Accra. In the course of the journey and at Butako township, a curfew was imposed as a result of chieftaincy issues in the traditional area. He tried to communicate with Oforiwa but he was unable to do so due to network challenges. Ozoozo found it useful to off-load the cargo of yam and dispose of it by sale. He accounted for the sale but Oforiwa became furious.
Required:
Advise Oforiwa.
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- 1 Marks
BL – Nov 2020 – L1 – SA – Q10 – Agency Law
Objective question on the right of an agent to be reimbursed for expenses incurred in duty.
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- Tags: Agency Law, Agent Rights, Compensation, Indemnity, Reimbursement
- Level: Level 1
- Topic: Agency Law
- Series: NOV 2020
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- 1 Marks
BL – Nov 2012 – L1 – SA – Q10 – Agency Law
Identify which is NOT a condition for valid ratification.
Question
Which of the following is NOT a condition for a valid ratification under agency law?
A. The professed principal must be in existence at the time of the contract
B. The contract must be professedly made on behalf of an identified or identifiable principal
C. The principal must have enough money to finance the transaction
D. The professed principal must have had full knowledge of all the material facts of the contract at the time of ratification
E. Ratification must be made within a reasonable time
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- 1 Marks
BL – Nov 2013 – L1 – SA – Q7 – Agency Law
Identifies the term for an agent's authority stated in writing.
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- Tags: Agency Law, Authority, Short Answer, Written Agreement
- Level: Level 1
- Topic: Agency Law
- Series: NOV 2013
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- 1 Marks
BL – Nov 2015 – L1 – SA – Q15 – Agency Law
Breach of duty when an agent makes secret profits.
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- Tags: Agency Law, Duty Breach, Multiple Choice, Secret Profits
- Level: Level 1
- Topic: Agency Law
- Series: NOV 2015
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- 6 Marks
BL – Nov 2014 – L1 – SB – Q5c – Agency Law
Explain three types of agents under the law of agency.
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- Tags: Agency Law, Agents, Principal-Agent Relationship
- Level: Level 1
- Topic: Agency Law
- Series: NOV 2014
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- 1 Marks
BL – Nov 2014 – L1 – SA – Q15 – Agency Law
Identify the agent representing a principal in the disposal of real property.
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- Tags: Agency Law, Legal Representation, Principal-Agent Relationship, Real Property
- Level: Level 1
- Topic: Agency Law
- Series: NOV 2014
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- 20 Marks
BCL – Nov 2015 – L1 – Q2 – Agency
Analyze Bertha's liability to Crunch Ltd and Drinkit Ltd due to Eddie's actions as an agent.
Question
Eddie is the manager of A-LIFE shopping mall owned by Bertha. In January he is told by Bertha not to buy biscuit from a new company called Crunch Ltd, because she has heard that their products are of poor quality.
On 18th February, Christa, a representative of Crunch Ltd, visits the A-LIFE shopping mall, and as a result, Eddie orders 10,000 cedis worth of biscuits. Christa is unaware of Bertha’s instructions.
When later in the day Bertha discovers what Eddie has done, they have arguments, and Eddie resigns. The following day Eddie goes to Drinkit Ltd, Bertha’s regular supplier of wine and spirit, and purchases 10 cases of whisky on credit in Bertha’s name. He then absconds with the whisky.
Bertha comes to seek your advice as to her liability to:
a. Crunch Ltd; (10 marks)
b. Drinkit Ltd. (10 marks)
(Total=20 marks)
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- Tags: Agency Law, Contractual Liability, Principal-Agent Relationship
- Level: Level 1
- Topic: Agency Law
- Series: NOV 2015
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- 20 Marks
BCL – Nov 2019 – L1 – Q5 – Company directors and other officers
Analysis of whether a company can deny the authority of an individual acting as a director who was not formally appointed.
Question
Prime Company Ltd, traders in frozen fish, entered into an oral agreement for the supply and sale on credit basis, of all its frozen fish to Addae Company Ltd. The affairs and the business of Prime Company Ltd were undertaken by its Managing Director and one Maxwell Mensah. Maxwell Mensah was never appointed by the Company as a director, but he transacted business on behalf of Prime Company Ltd with Addae Company Ltd, as if he were a director and the Chief Executive Officer of the Company. Maxwell Mensah acted on behalf of the Company by signing the applications for the Company to be registered as an importer, apart from financially assisting the Company to start business. The name of Maxwell Mensah also appeared on the Company’s letter-head as one of its directors.
Prime Company Ltd allowed Maxwell Mensah to share in its profits by allocating to him fifty percent (50%) of the last consignment of fish. Maxwell Mensah entrusted the sale of the consignment allocated to him for his benefit to Addae Company Ltd and directed that the proceeds of the sale should be paid by Addae Company Ltd into the account of his private firm, Asanko Ventures Ltd. In the course of the transaction, Addae Company Ltd paid various sums of money being proceeds of the sale of fish supplied to Prime Company Ltd to both the Managing Director of Prime Company Ltd and Maxwell Mensah. No valid receipts were given for those payments. At the close of business, the trading account of Prime Company Ltd showed a debit balance of over GH¢ 16,000.00 against Addae Company Ltd. Prime Company Ltd subsequently demanded that this amount be paid. Addae Company Ltd resisted settlement on the grounds that it had already accounted fully for the cost of the fish sold to it on credit.
Required:
In the light of the above facts, explain whether Prime Company Ltd would be justified in denying Maxwell Mensah as an Officer of the Company. (20 marks)
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- Tags: Agency Law, Company Law, Director Authority, Estoppel
- Level: Level 1
- Topic: Company directors and other officers
- Series: NOV 2019
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- 12 Marks
BCL – Dec2022 – Q2a – Tort, Agency
Discuss the legal implications of a negligent misstatement and the effects of an agent acting without authority.
Question
A firm of chartered accountants prepared the financial statements of Highskies Ltd knowing that the company was going to use the report to persuade Dr. Kwesi Antwi, a prospective investor, to invest money in Highskies Ltd. Relying on the accounts, Dr. Kwesi Antwi invested two million Ghana Cedis (GH¢2,000,000) in the company. However, a year later, the company collapsed. Dr. Kwesi Antwi, therefore, decided to take legal action against the firm of chartered accountants.
Required:
i) Advise whether Dr. Kwesi Antwi’s legal action in court will be successful. (3 marks)
ii) State THREE (3) effects of an agent acting without authority. (6 marks)
iii) Explain the phrase “term of Contract.” (3 marks)
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- Tags: Agency Law, Contract Law, Duty of Care, Negligent Misstatement
- Level: Level 1
- Topic: Agency Law, Tort
- Series: DEC 2022
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