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i. Distinguish between conditions and warranties under a contract.
ii. Explain the importance of the distinction between conditions and warranties.
iii. Explain the following types of conditions that appeared in a contract in Sikakrom involving a government Agency and a private company.
a) Conditions Precedent.
b) Conditions Subsequent.
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Find Related Questions by Tags, levels, etc.
Find Related Questions by Tags, levels, etc.
Find Related Questions by Tags, levels, etc.
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Amevo is a minor and a professional dancer. He entered into a contract to perform a series of dances for GH¢5,000 an hour per night of performance. The rule as accepted was that failure to perform in one series without reasonable excuse would incur a percentage deduction from his earnings at subsequent performances. Amevo failed to perform at one of the series. His attention was drawn to the rule, but he now thinks the deduction should not be made.
Required:
Advise Amevo.
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i. A contract may be enforced if the parties have an intention to enter into a legally enforceable agreement.
Required:
Explain ONE way by which the courts determine whether or not the parties to an agreement have an intention to create legal relations.
ii. Case Scenario:
‘A’ and ‘B’ entered into an agreement to meet at a gym for their daily physical fitness exercises. ‘B’ forgot about the agreement and kept ‘A’ waiting endlessly. ‘A’ is furious and intends to sue ‘B’ for breach of agreement.
Required:
Advise ‘A’, stating the legal issue involved.
iii. Case Scenario:
‘A’ is a dealer in textile materials. He sold ten bales of textile materials to ‘B,’ his childhood friend. ‘B’ has refused to pay for the ten bales of materials, arguing that he is a friend of ‘A.’
Required:
Advise ‘A,’ who intends to sue ‘B,’ stating the legal issue involved.
iv. Case Scenario:
‘A’ promised to attend a luncheon organized by ‘B.’ ‘B’ spent a lot of money to prepare for the luncheon. ‘A’ did not turn up as agreed. ‘B’ is aggrieved and intends to sue ‘A’ for the cost of the special dish.
Required:
Advise ‘B,’ stating the legal issues involved.
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Find Related Questions by Tags, levels, etc.
A Company known as Asempa Quarry Ltd, invited tenders for the supply of 2000 bulldozers to be delivered within seven months. Maxwell put in a tender intimating that he is prepared to supply the bulldozers at fifty thousand Ghana Cedis (GH¢50,000.00). The company accepted the tender by a letter, and subsequently gave various orders which were executed by Maxwell. The Director of Finance claims there is no valid agreement to support the payments.
Required:
i) State briefly the legal effect of the company’s actions.
(6 marks)
ii) The maxim “Caveat Emptor” and “Caveat Venditor” sound a note of caution to contracting parties.
State THREE (3) things that are required of a wary contracting party. (6 marks)
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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)
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Find Related Questions by Tags, levels, etc.
Find Related Questions by Tags, levels, etc.
Find Related Questions by Tags, levels, etc.
Find Related Questions by Tags, levels, etc.
On 20 November 2015, the ‘Daily Graphic Newspaper’ advertised a promotion sale for Dabenda Company Limited stating that the Company’s “Miracle Balm” was capable of treating boils and foot-rot and that whoever bought the product and used it per the prescription without the boils and foot-rot disappearing would be entitled to GH¢200.00. Pursuant to that promise, the Company gave a standing order to its bankers on that pledge. The promotion sale was due to end on 19 November 2016.
Madam Akua Mansah heard of the advertisement and bought one of the balms. She used it according to the prescription and also applied some of the cream to her 14-year-old daughter who had similar problems but their boils and foot-rot still persisted. She intends to sue the Company.
Required:
i) Explain whether Madam Akua Mansah is likely to succeed with her intended action. (10 marks)
ii) Madam Akua Mansah’s daughter also intends to take action against the company. Explain her chances, if any. (10 marks)
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c)
i) Define a ‘condition’ as in the law of contract. (3 marks)
ii) Define ‘warranty’ as in the law of contract. (3 marks)
iii) Keita books for a hotel facility and pays in advance. The hotelier tells him nothing more than the issue of a receipt. Keita takes occupancy of the room only to read a list of DONTS posted at the back of the door of his room. The following day he returned from breakfast in the hotel to find that his wristwatch which he left on the table of the room was missing. He spoke to the receptionist at the reception desk on the loss but they referred him to an exclusion clause on the door. He seeks your advice. Advise Keita. (4 marks)
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