a. The relationship between a bank and a customer is contractual.

Required:

State SIX duties of a bank to its customer.

(6 Marks)

b. Hire purchase is an agreement to take possession of goods and pay for it by installments.

Required:

(i) Define the parties to a hire purchase transaction?

(2 Marks)

(ii) State FOUR obligations of the hirer to the owner.

(4 Marks)

c. The directors of a company are entrusted with the authority to manage the business of the company.

Required:

State FOUR duties of a company director.

(8 Marks)

a. The duties of a banker to her customer are:

i. duty to honour customer’s account;

ii. duty of secrecy on customer’s cheques;

iii. duty to exercise care and skill in handling the customer’s affairs;

iv. duty to act as collecting banker to the customer;

v. duty to pay only according to customer’s mandate;

vi. duty not to pay countermanded cheque; vii. duty to keep customer’s account accurate; and

viii. duty to demand repayment of overdraft.

b i. Parties to a hire purchase transaction are;

 the owner;

 the hirer; or

 the financier

ii. The obligations of a hirer are:

 obligation to accept delivery of the goods;

 punctual payment of installments;

 taking care of goods with diligence; and

 to redeliver the goods, if not purchased.

c. The duties of a Company Director are to:

i. observe utmost good faith towards the company in any transaction within or on its behalf;

ii. act at all times in what they believe to be in the best interest of the company as a whole so as to preserve its assets, further its business, and promote the purpose for which the company is formed;

iii. have regards to the interest of the company‟s employees and members in performance of their abilities;

iv. exercise their powers for the purpose for which the company gave those powers for any collateral purpose;

v. not fetter their discretion to vote in a particular way;

vi. not delegate their powers in such a way as to abdicate their duties;

vii. not misuse corporate information and opportunities, which duties does not cease with a director‟s resignation from office;

viii. not accept a bribe, gift or commission from outsiders on any transaction that involves the company;

ix. not allow their personal interest to conflict with their duties;

x. not make any secret profit or achieve any unnecessary benefits in managing the business of the company or in utilizing the company‟s assets (including information);

xi. account to the company for any secret profit, or disclose a possible profit before they make it, so that the general meeting may approve it;

xii. exercise the power and discharge the duties of their office honestly, in good faith and in the best interest of the company;

xiii. exercise that degree of care, diligence and skill that a reasonably prudent director would exercise comparable circumstance; and

xiv. pay attention to the affairs of the company and be responsible for the actions of the board in which they participate so that only justifiable absence from the board‟s deliberations shall relieve them from such responsibility.

online
Knowsia AI Assistant

Conversations

Knowsia AI Assistant