Subject: BUSINESS LAW

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BL – Nov 2020 – L1 – SB – Q1d – Company Law

List powers exercised by the Annual General Meeting (AGM) of a company.

One of the two organs of a company is the general meeting of members.

Required:
State FOUR powers of the Annual General Meeting.

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BL – Nov 2020 – L1 – SB – Q6c – Partnership Law

Assess the legality of different partnership arrangements.

Comment on the legality of the following relationships operating as partnerships:

i. A partnership of 16 persons established for charitable purposes
ii. Adex cooperative society consisting of 500 members
iii. Black and Blue law firm consisting of 31 lawyers
iv. Stone Partnership firm comprising Segun aged 28, Tunde aged 17
v. A partnership of volunteers for the purpose of helping persons displaced by flood.

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BL – Nov 2020 – L1 – SB – Q6b – Law of Contract

Define express terms, implied terms, conditions, and warranties in a contract.

Contractual agreements usually contain terms that are different in nature and importance.

Required:
Define the following terms:
i. Express terms
ii. Implied terms
iii. Conditions
iv. Warranties

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BL – Nov 2020 – L1 – SB – Q6a – The Nigerian Legal System

List tests to determine intent to steal during taking or conversion.

Taking or conversion with intent to defraud is an element of stealing.

Required:
State FIVE tests of determining whether or not an accused has an intention to steal at the time of taking or converting a thing.

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BL – Nov 2020 – L1 – SB – Q5d – Negotiable Instruments

Explain different cheque crossing types and define negotiable instruments.

Crossing of cheques has legal implications in banking transactions, and a cheque is a type of negotiable instrument.

Required:
i. A cheque instruction to “pay Ronke the sum of N50,000.00” without crossing the face of the cheque with two parallel lines.
ii. “Pay Andrew N100,000” with two parallel lines traversing the face of the cheque.
iii. “Pay Mary N150,000” with two parallel lines with Congo Bank written in between the two parallel lines on the face of the cheque.
iv. “Pay Ngozi N200,000” and by cheque with two parallel lines and the words “account payee only” written in between the two parallel lines.
v. Define negotiable instruments.

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BL – Nov 2020 – L1 – SB – Q5c – Agency Law

List the duties of an agent in an agency contract.

Parties under a contract of agency have certain rights and duties.

Required:
State FIVE duties of an agent under a contract of agency.

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BL – Nov 2020 – L1 – SB – Q5b – Employment Law

Define an employment contract and list grounds for dismissal by an employer.

Contracts of employment may be created and brought to an end in different ways.

Required:
i. Explain contract of employment.
ii. State THREE reasons for which an employer could dismiss an employee.

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BL – Nov 2020 – L1 – SB – Q5a – Alternative Dispute Resolution

Define arbitration and describe an arbitral award.

Arbitration is a type of alternative dispute resolution mechanism.

Required:
Explain arbitration and arbitral award.

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BL – Nov 2020 – L1 – SB – Q4d – Law of Tort

List exceptions to the rule that all persons of full age can sue and be sued in tort.

As a general rule, all persons of full age may sue and be sued in tort.

Required:
State FIVE exceptions to this general rule.

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BL – Nov 2020 – L1 – SB – Q4c – Sale of Goods

List situations where a seller without title can pass good title to a buyer.

In sale of goods law, a buyer could acquire ownership of goods only if the seller had title to such goods.

Required:
State FIVE instances where a seller who has no title could pass a good title to the buyer in a sale of goods transaction.

 

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BL – Nov 2012 – L1 – SB – Q5 – Company Law

Comment on the validity of an annual general meeting notice.

Lewis Adey, as company secretary, sends a notice of meeting dated 2 March to members for an Annual General Meeting scheduled for 30 March. The notices were sent out by Lewis on 12 March.

Required:
a. Comment on the validity of the notice. (7 Marks)
b. Explain TWO situations in which a general meeting of a company shall be deemed duly called notwithstanding that it is called by a shorter notice. (4 Marks)
c. Explain briefly TWO businesses which a notice for a company’s annual general meeting must specify. (4 Marks)

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BL – Nov 2012 – L1 – SB – Q4B – Law of Contract

Discuss the role of an insurance agent and the concept of material facts in insurance contracts.

Musa, an insurance agent employed by Baloon Insurance Limited, assisted Uche to complete an insurance policy proposal form.

Required:
i. Explain briefly whose agent Musa is in this situation. (2 Marks)
ii. Explain what is meant by “material fact” in relation to insurance contracts? (3 Mar

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BL – Nov 2012 – L1 – SB – Q4A – Law of Contract

Advise Onome regarding a life insurance policy under a common mistake.

Chief Newton is responsible for the university education of Onome who then decides to insure Chief Newton’s life with Maxim Assurance Plc. The policy became effective on 2 March, but unknown to Onome and Maxim Plc, Chief Newton had died back in the village on 28 February.

Required:
Advise Onome as to whether or not she can sustain a claim under the policy, giving reasons for your advice.

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BL – Nov 2012 – L1 – SB – Q3 – Law of Contract

Advise on the validity of a contract regarding an offer and its acceptance.

Angela sells fresh fish and made an offer to Mike at a party. Mike undertook to let Angela know his mind by post, since Angela could be reached only by post. On 2 March, Mike posted an acceptance letter to Angela, which got to Angela the day after Angela had sold her fresh fish to Andrew on 5 March. Mike wants to sue Angela for breach of contract.

a. Advise Angela as to whether or not she was bound to Mike by contract. (5 Marks)

b. Does Mike have a valid case against Angela? Give reasons for your answer. (3 Marks)

c. Is Andrew liable to Mike? State the reason for your answer. (2 Marks)

d. Explain briefly TWO differences between an “offer” and an “invitation to treat”. (5 Marks)

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BL – Nov 2012 – L1 – SB – Q2C – Law of Contract

Explain three remedies for breach of contract.

Explain briefly THREE remedies for breach of contract.

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BL – Nov 2012 – L1 – SB – Q2B – Law of Contract

Advise on a contract involving an apprentice who is a minor.

Johnson is 16 years old. He served as an apprentice barber at Okay Salon for two years. He paid the apprenticeship premium for only one year. Okay Salon wants to sue for the balance. Advise the parties.

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BL – Nov 2012 – L1 – SB – Q2A – Law of Contract

Advise on the legal protection available to illiterates in contract agreements.

Dickson is an illiterate. He entered into an agreement with Continental Bakery Limited to supply bags of flour at N15.00 per bag. Unknown to him, the written agreement, which he thumb-printed, read N10.00 per bag. He had supplied 1,000 bags for which the company wants to pay the price in the written contract. Advise Dickson in the circumstances.

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BL – Nov 2012 – L1 – SB – Q1C – Law of Tort

Advise on a possible libel case between two individuals.

Johanna and Florence live together in the same house. During a hot argument over a domestic matter, Johanna called Florence a thief. Florence wants to sue Johanna for libel. Advise them.

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BL – Nov 2012 – L1 – SB – Q1B – Nigerian Legal System

Identify the special courts created by statute in Nigeria for handling specific matters.

Under the Nigerian legal system, there are special courts created by statute to adjudicate on specific matters. State the courts that are created by law to handle the following matters:

i. Labour matters;
ii. Offences committed by infants;
iii. Election petitions.

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BL – Nov 2012 – L1 – SB – Q1A – Introduction to Law

List the seven key maxims of equity.

State SEVEN maxims of equity.

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