Subject (SQ): BUSINESS AND CORPORATE LAW
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- 10 Marks
Define professional negligence in the context of a hospital case.
Question
Beatrice Yeboah reported to Dunkwa Government Hospital with a deep cut on her ankle for treatment. No medical doctor was immediately available to attend to her but as a result of her profuse bleeding, Emmanuel a janitor who has observed several minor surgical operations offered to conduct the surgery with the support of a Nurse. Upon discharge from the hospital, Beatrice who did not realize that Emmanuel was a janitor noticed that she had suffered permanent numbness in her left leg. In the circumstance, she intends taking legal action against the hospital as the management of the hospital is repudiating liability for her impaired condition.
Beatrice has just heard that you were the most outstanding law student of your class and she has approached you on the following:
(a) What is professional negligence
(b) Advice on the options available to her
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- 20 Marks
Explain the rules for awarding damages in contract law.
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- Tags: Contract Law, Equitable Remedies, Injunction, Specific Performance
- Level: Level 1
- Topic: Contract Law
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- 20 Marks
Identify types of nuisance torts in Agye’s case against Kwickbuild Ltd.
Question
Kwame lives in a quiet residential area. Next door, Fastbuild Ltd, is carrying out extensive building works to a dilapidated old house. The builders who are working from dawn to dusk, seven (7) days a week, used a crane which passes over Kwame’s house. Kwame and his family are annoyed by the dust, dirt, and noise caused by the building works.
Required:
(a) Identify the types of torts of nuisance.
(b) What TWO (2) conditions must be present for a conduct to constitute nuisance.
(c) Advise Asantewaa as to her legal position.
(d) State TWO (2) legal remedies available to her.
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- 10 Marks
Can Maria Ansah claim damages against Kundru Confectionery Ltd for slipping and getting injured?
Question
Following flood damage resulting from three (3) continuous days of rainfall, the Management of Tendo Confectionery Ltd, carefully sprinkled sawdust over the factory floor to prevent employees’ slippage until the floor could be properly cleared. A small patch remained uncovered and Maria Ansah, a pregnant employee slipped and got injured. She sued the company.
Required:
Explain whether the employee can claim any damages against the management of Tendo Confectionery Ltd.
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- Tags: Contributory Negligence, Duty of care, Negligence, Tort Law, Workplace Injury
- Level: Level 1
- Topic: Tort
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- 10 Marks
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.
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- Tags: Environmental Damage, Foreseeability, Rylands v Fletcher, Strict Liability, Tort
- Level: Level 1
- Topic: Tort
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- 20 Marks
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.
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- Tags: Breach, Contract Enforcement, Contract Law, Public Offer, Remedies
- Level: Level 1
- Topic: Contract Law
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- 20 Marks
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.
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- Tags: Contract Law, Damages, Failure of Consideration, Part Performance, Remedies
- Level: Level 1
- Topic: Contract Law
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- 20 Marks
Explain legal terms: Capacity, Acceptance, Misrepresentation, Goods, and Quantum Meruit in business law.
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- Tags: Acceptance, Capacity, Contract Law, Goods, Misrepresentation, Quantum Meruit, Sale of Goods
- Level: Level 1
- Topic: Sale of Goods
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