BUSINESS AND CORPORATE LAW – Page 20

BCL – L1 – Q21 – Privity of Contract

Explain the term 'Privity of Contract' in the context of contractual rights and obligations.

Question

(a). Explain the term ‘Privity of Contract’

(b). Femi, aged fifteen (15), completed Secondary School and has approached you with a request to supply your company with building materials including cement and iron rods. The request was from a business enterprise known to your company, PrimeBuild Ltd., which was owned by Femi’s mother, and the request was signed by his mother. A line in the said letter read as follows: ‘You can negotiate the terms of the supply with bearer’.

Required:

Whether or not your company, represented by you, can negotiate with the bearer.

(c). Femi, aged fifteen (15), completed Secondary School and has approached you with a request to supply your company with building materials including cement and iron rods. The request was from a business enterprise known to your company, PrimeBuild Ltd., which was owned by Femi’s mother, and the request was signed by his mother. A line in the said letter read as follows: ‘You can negotiate the terms of the supply with bearer’.

Required:

The rights of the company, in the event of failing to supply the building materials to your company.

Answer

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Tags: Breach of Contract, Contract Law, Damages, Remedies, Specific Performance
Level: Level 1

Topic: Contract Law

Title: BCL – L1 – Q20 – Contract Law

Advise Mercy on her contractual rights after a job offer was withdrawn and a lower-paying job offered.

Question

After successfully going through the recruitment and selection, Mercy was verbally requested to start work on a specified date as Operations Manager. Mercy reported as requested and was again asked to wait while her office was being furnished. She was given another date to report and commence work. When she reported on the said date, Mercy was informed that the job was no more available but there was another job with a lower salary which was available immediately. Mercy was informed that she had two (2) days to accept the offer.

Required:

Mercy has approached you to advise her on her contractual rights.

Answer

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Tags: Breach of Contract, Contract Formation, Oral Contract, Remedies
Level: Level 1

Topic: Contract Law

Title: BCL – L1 – Q19 – Contract Law

Explain the basic elements of a contract for a training consultant engagement.

Question

In building the capacity of staff in Apex Gaming Commission, management has engaged a consultant from Nevada, (a well-known gaming state) under a contract to provide training. Some board members have opposed this engagement of the consultant from Nevada on the ground that their operational jurisdiction is different. In order to ensure that your company has full benefit of the signed contract and also reduce its legal risks, Management has requested you to prepare an Internal Memo to the Chief Executive Officer and explain the following:

(a) the basic elements of a contract

(b) the circumstances under which the contract can be vitiated

Answer

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Tags: Breach of Contract, Damages, Remedies, Specific Performance
Level: Level 1

Topic: Contract Law

BCL – L1 – Q18 – Contract Law

State four ways a lawfully entered contract can be discharged.

Question

State FOUR means by which a contract, lawfully entered by parties, may be discharged.

Answer

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Tags: Breach, Contract Law, Discharge of Contract, Performance
Level: Level 1

Topic: Contract Law

BCL – L1 – Q17 – Contract Law

List four modifications to the common law doctrine of consideration under the Contracts Act, 1960.

Question

The Contracts Act, 1960, Act 25, has modified the common law doctrine of consideration. List FOUR of the modifications.

Answer

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Tags: Consideration, Contract Law, Contracts Act, Modifications
Level: Level 1

Topic: Contract Law

BCL – L1 – Q16 – Contract Law

Explain three discretionary equitable remedies a court may grant.

Question

Equitable remedies are not granted as of right but at the discretion of the court. Explain THREE (3) discretionary remedies that could be granted by the court.

Answer

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Tags: Contract Law, Equitable Remedies, Injunction, Restitution, Specific Performance
Level: Level 1

Topic: Contract Law

BCL – L1 – Q15 – Contract Law

Explain if consideration is always required for a contract to be valid.

Question

Explain whether consideration is always a requirement for a contract to be valid?

Answer

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Tags: Consideration, Contract Law, Enforceable Contract
Level: Level 1

Topic: Contract Law

BCL – L1 – Q14 – Contract Law

State the legal effect of PrimeRock Ltd's actions in accepting a tender for bulldozers.

Question

A Company known as PrimeRock Ltd, invited tenders for the supply of 2000 bulldozers to be delivered within seven months. Daniel put in a tender stating that he is prepared to supply the bulldozers at fifty thousand Ghana Cedis (GHS $50,000.00). The company accepted the tender by a letter, and subsequently gave various orders which were executed by Daniel. The Director of Finance claims there is no valid agreement to support the payments.

Required:

(a) State briefly the legal effect of the company’s actions.

(b) State THREE (3) things that are required of a wary contracting party.

Answer

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Tags: Caveat Emptor, Caveat Venditor, Contract Law, Due diligence, Sale of Goods
Level: Level 1

Topic: Contract Law

BCL – L1 – Q13 – Contract Law

Explain the concept of contractual obligation and elements of a valid contract.

Question

Explain the concept of a contractual obligation and the elements required for a valid contract.

Answer

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Tags: Acceptance, Capacity, Consideration, Contract Law, Contractual Obligation, Offer, Valid Contract
Level: Level 1

Topic: Contract Law

BCL – L1 – Q12 – Sources of Law

Provide professional advice on a land dispute involving delayed claim enforcement.

Question

BrightFuture Junior High School

(a) BrightFuture Junior High School (JHS) has seen a tremendous increase in students’ enrolment due to the school’s excellent performance and compulsory free French lessons. Dr. Amoako, the proprietor and owner of the school decides to expand as the current location is inadequate. He follows up on a piece of land which he bought 20 years ago at Asamankese only to be told that the land was resold to Mr. Tetteh by the Chief. Mr Tetteh has been in possession and living on that land for the past 18 years and Dr. Amoako never exercised his right until now. He has rushed to you as a business law student employed as the General Manager of the school to provide professional advice on the matter.

Required:

Write a memo to provide professional advice on the matte

BrightFuture Junior High School

(b) The High Court in Nexis has been categorized into various divisions in order to help promote specialization. List the four (4) divisions and explain their functions.

Answer

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Tags: Court Specialization, Ghana Courts, High Court Divisions, Judiciary
Level: Level 1

Topic: Hierarchical Structure of Courts

Subject (SQ): BUSINESS AND CORPORATE LAW

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BCL – L1 – Q21 – Privity of Contract

Explain the term 'Privity of Contract' in the context of contractual rights and obligations.

Title: BCL – L1 – Q20 – Contract Law

Advise Mercy on her contractual rights after a job offer was withdrawn and a lower-paying job offered.

Title: BCL – L1 – Q19 – Contract Law

Explain the basic elements of a contract for a training consultant engagement.

BCL – L1 – Q18 – Contract Law

State four ways a lawfully entered contract can be discharged.

BCL – L1 – Q17 – Contract Law

List four modifications to the common law doctrine of consideration under the Contracts Act, 1960.

BCL – L1 – Q16 – Contract Law

Explain three discretionary equitable remedies a court may grant.

BCL – L1 – Q15 – Contract Law

Explain if consideration is always required for a contract to be valid.

BCL – L1 – Q14 – Contract Law

State the legal effect of PrimeRock Ltd's actions in accepting a tender for bulldozers.

BCL – L1 – Q13 – Contract Law

Explain the concept of contractual obligation and elements of a valid contract.

BCL – L1 – Q12 – Sources of Law

Provide professional advice on a land dispute involving delayed claim enforcement.

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Subject (SQ): BUSINESS AND CORPORATE LAW

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Explain the term 'Privity of Contract' in the context of contractual rights and obligations.

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Advise Mercy on her contractual rights after a job offer was withdrawn and a lower-paying job offered.

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Explain the basic elements of a contract for a training consultant engagement.

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State four ways a lawfully entered contract can be discharged.

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List four modifications to the common law doctrine of consideration under the Contracts Act, 1960.

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Explain three discretionary equitable remedies a court may grant.

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State the legal effect of PrimeRock Ltd's actions in accepting a tender for bulldozers.

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Explain the concept of contractual obligation and elements of a valid contract.

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Provide professional advice on a land dispute involving delayed claim enforcement.

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