Question Tag: Contract Law

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PBL – JUL 2020 – L1 – Q8 – Defences Under a Contract

Examine the scope of the following defenses under a contract: Non est factum, Undue influence, Misrepresentation, Illegality.

Examine the scope of the following defense under a contract

(i) Non est Factum (Not my deed).                                                                                                                                                                              (ii) Undue influence.                                                                                                                                                                                                          (iii) Misrepresentation.                                                                                                                                                                                                    (iv) Illegality.

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PBL – JUL 2020 – L1 – Q7 – Duties in Banker-Customer Relationship

Discuss the duties of a bank to its customer and the customer's duties to the bank, with the aid of decided cases.

‘As soon as an account is opened by a bank for a customer. the banker / customer contract
subsists with the aid of decided cases discuss:                                                                                                                                                                                                                                                                                                                                                                                                                (a)  The duties of a bank to the customer.                                                                                                                                                   (b) The customer’s duties to the bank

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POBL – JUL 2020 – L1 – Q3 – Conditions and Warranties in Contracts

Distinguish between conditions and warranties under a contract, explain the importance of the distinction, and describe conditions precedent and subsequent in the context of a contract involving a government agency and a private company.

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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MLP – JUL 2020 – L4 – Q4 – Fraud Definition, Elements, Remedies

Define fraud, outline its elements, and explain the remedies available for fraud in the context of contract law relevant to mortgage practices.

a) Define fraud.

b) What are the elements of fraud?

c) What are the remedies for fraud?

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INS – JUL 2020 – L4 – Q8 – Elements of Valid Contract in UK

outline the elements that must be present for a valid contract to be formed in the UK.

Outline the elements that must be present for a valid contract to be formed in the UK

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PBL – OCT 2022 – L1 – Q4 – Principles of Consideration in Contract Law

Explain the Common Law Principles governing consideration in the law of contract.

Explain the Common Law Principles governing consideration in the law of contract.

(20 marks)

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PBL – APR 2016 – L1 – Q6 – Banker-Customer Relationship

Define a bank customer, explain the basic banker-customer relationship, and outline the rights banks have over customer accounts.

(a) Who is a customer of a bank? ii. What is the basic relationship between a bank and its customer?                                                        (b) What rights does the bank have in relation to its customers’ account?

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BCL – Nov 2024 – L1 – Q4c – Contractual Obligations of a Minor

Legal validity of a contract involving a minor performing services for payment.

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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BL – Nov 2020 – L1 – SB – Q3a – Law of Contract

Discuss how courts assess intent to create legal relations and advise on breach in social and commercial contexts.

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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BL – May 2012 – L1 – SB – Q5B – Agency Law

State two differences between a hire purchase agreement and a sale agreement.

A hire purchase agreement and a sale agreement are similar but not identical. Required: State any TWO differences between a hire purchase agreement and a sale agreement.

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BL – May 2017 – L1 – SA – Q17 – Law Relating to Banking

Identifies an activity that is not included in the general scope of banking business.

Banking business includes the following EXCEPT
A. Purchase of bills and cheques
B. Granting of money loans
C. The effect of transfers and clearing
D. Warehousing
E. Purchasing and Sales of Securities for account of others

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BL – May 2017 – L1 – SA – Q16 – Law of Contract

Identifies the type of contract that involves indemnity for an event bound to happen.

A contract to pay indemnity for an event that is bound to happen is called
A. Suretyship
B. Guarantee
C. Insurance
D. Assurance
E. Protection

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BL – May 2017 – L1 – SA – Q15 – Hire Purchase and Consumer Credit Transactions

Identifies a right that is not available to the hirer in a hire purchase contract.

The hirer, in a hire purchase contract, has the following rights EXCEPT the right to
A. Use the goods
B. Quiet possession of the goods
C. Know the exact installments to be paid
D. Choose the insurer if the goods is motor vehicle
E. Repossess the goods

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BL – May 2017 – L1 – SA – Q14 – Sale of Goods

Identifies the type of transfer involved in a sale of goods transaction.

Sale, in a sale of goods transaction, is the transfer of
A. Possession
B. Possession and property
C. Property
D. Bailment
E. Merchantable quantity

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BL – May 2017 – L1 – SA – Q12 – Agency Law

Definition of ratification in the context of agency law.

In the law of agency, ratification is equal to
A. Ex post facto authority
B. Posterior authority
C. Antecedent authority
D. Exterior authority
E. Conveyed authority

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BL – May 2017 – L1 – SA – Q11 – Law of Contract

Identifies which scenario does not constitute an exception to the rule on privity of contract.

Which of the following is NOT an exception to the rule on privity of contract?
A. Third party right of action under the Motor Vehicles (Third Party Insurance Act)
B. Trustee’s right of action
C. Agency with power of attorney
D. Restrictive Covenant
E. Trade customs

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BL – March July 2020 – L1 – SB – Q6a – Law of Contract

Explains the three essential elements of an insurance contract under the law of indemnity.

Insurance contract is a contract of indemnity.

Required:
State and explain briefly THREE essential elements of an insurance contract.

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BL – March July 2020 – L1 – SB – Q4b – Sale of Goods

Explains the exceptions to the rule that only the owner of goods can pass a valid title to a buyer.

In the sale of goods, only the owner of goods could pass a valid title.

Required:
State FOUR exceptions to the rule.

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BL – March July 2020 – L1 – SB – Q4a – Law of Contract

Explains the general rule of privity of contract and three exceptions to this rule.

As a general rule, only parties to a contract are bound by it.

Required:
Explain briefly THREE exceptions to the rule of privity of contract.

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BL – March July 2020 – L1 – SB – Q3a – Sale of Goods

Legal advice on breach of contract and actions for a seller against a defaulting buyer under the Sale of Goods Act.

Bature Company Limited is a big manufacturer of a special brand of industrial split-unit air conditioners in the country. The company has a standard contract with all its distributors not to sell air conditioners above ₦200,000 per unit so as to make its products attractive in the market, and each distributor also obtained the same undertaking from their customers.

Katifa Ventures, one of the company’s major distributors, sold 20 units at the agreed price of ₦200,000 to Chinedu Enterprises, who resold each at ₦250,000, even though it also signed the undertaking. Bature Company Limited got to know this and intends to take legal action against Chinedu Enterprises.

Required:
Advise Bature Company Limited, explaining the legal issues involved.

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