Subject: PRINCIPLES OF BANKING LAW

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CIBG – Principles of Management – L1 – Q6 – Short Notes on Management Concepts

Write short notes on strategic planning, job analysis, business process re-engineering, virtual organization, and managerial control in the context of banking management.

Write short notes on the following:

a. Strategic Planning

b. Job Analysis

c. Business Process Re-engineering

d. Virtual Organization

e. Managerial Control

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PBL – APR 2016 – L1 – Q8 – Contributory Negligence and Torts

Explain contributory negligence, and distinguish between conversion and detinue.

a. Explain the term Contributory Negligence.

b. Distinguish between Conversion and Detinue.

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PBL – APR 2016 – L1 – Q7 – Mortgages and Recovery Options

Explain second and sub-mortgages, and options for bank to recover defaulted loan secured by house, with recommendation

a. Explain the following i. A second mortgage [5 Marks] ii. A sub-mortgage [5 Marks]

b. A borrowed GHS60000.00 from XYZ Bank Limited secured with his house at East Legon. A has defaulted in the payment of the money. What options are available to the bank and which would you recommend to the bank for the recovery of its money?

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

Define a bank customer and the basic banker-customer relationship, and outline bank's rights over customer accounts.

a. i. 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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PBL – APR 2016 – L1 – Q5 – Private vs Public Limited Liability Companies and Conversion

State differences between private and public limited liability companies, and describe conversion from private to public.

a. State the difference between a Private Limited Liability Company and a Public Limited Liability Company

b. Briefly describe how a Private Limited Liability Company may be converted into a Public Limited Liability Company

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PBL – APR 2016 – L1 – Q4 – Executors, Administrators, and Will Revocation

State differences between executor and administrator as personal representatives of a deceased, and how a will may be revoked.

a. State the differences between an executor and an administrator as personal representatives of a deceased.

b. How may a will be revoked.

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PBL – APR 2016 – L1 – Q3 – Courts of Judicature in Ghana

Name Ghana's Superior Courts, describe the Supreme Court's original jurisdiction and when duly constituted, and explain how courts interpret constitutional provisions.

a. Name the Superior Courts of Judicature in Ghana.

b. Describe the original jurisdiction of the highest court. When is it said to be duly constituted.

c. In what manner is a court of competent jurisdiction obliged to interpret a provision of the Constitution or any other law.

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PBL – APR 2016 – L1 – Q2 – Maxims of Equity

Examine the equity maxims: Equality is Equity, Equity will not suffer a wrong without a remedy, and He who comes into Equity must come with clean hands.

a. Examine the following maxims of Equity

i. Equality is Equity. [6 Marks]

ii. Equity will not suffer a wrong to be without a remedy. [6 Marks]

iii. He who comes into Equity must come with clean hands.

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PBL – APR 2016 – L1 – Q1 – Cheques, Crossings, Authority Revocation, and Banker’s Draft

Define a cheque, explain types of crossings and effects, list circumstances for revoking banker's authority to pay cheques, and explain why a banker's draft is not a cheque.

a. What is a cheque? (6 marks)

b. Explain the various types of crossing on a cheque and their effect. (8 marks)

c. Give four circumstances in which the authority of a Banker to pay cheques may be revoked or determined. (8 marks)

d. Why is a Banker’s draft not a cheque?

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POBL – JUL 2020 – L1 – Q5 – Defamation, Libel, Slander and Defences

Define defamation and distinguish between libel and slander as forms of defamation, then state the defences available in a claim against the defendant for defamation.

(a) What is defamation?

Distinguish between i. Libel. ii. Slander. as a form of defamation.

(b) State the defenses available in a claim against the defendant for defamation?

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POBL – JUL 2020 – L1 – Q1 – Business Entities in Ghana

Discuss the veracity of the assertion that the only recognized type of business entity in Ghana is a limited liability company.

Ama Too Known, a second-year law student has the tendency of displaying her knowledge and

her ignorance in the law to her non law undergraduate students. She has just advised Abena who

was to go into business that the only recognized type of business entity in Ghana is a limited

liability company.

Required: Discuss the veracity or otherwise of this assertion by Ama too known.

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PBL – OCT 2022 – L1 – Q8 – Rule in Rylands v Fletcher and Defences

Discuss the Rule in Rylands v Fletcher and available defences.

(a) Discuss the Rule in Ryland’s v. Fletcher 1868. (10 marks)

(b) What are the Defences available to the Rule in Ryland’s .V. Fletcher? (10 marks)

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PBL – OCT 2022 – L1 – Q7 – Conditions in Contracts and Uberrimae Fidei

Explain types of conditions in contracts and the scope of Contract Uberrimae Fidei.

(a) Condition Precedent, Condition Subsequent and Condition Concurrent are three types of conditions that may appear in a contract. Explain each of them. (15 marks)

(b) Examine the scope of Contract Uberrimae Fidei. (5 marks)

(Total: 20 marks)

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PBL – OCT 2022 – L1 – Q6 – Characteristics of Negotiable Instruments

Discuss characteristics of a negotiable instrument distinguished from a non-negotiable document or contract.

Discuss the characteristics of a negotiable instrument as distinguished from a document showing or evidencing a non-negotiable document or contract. (20 marks)

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PBL – OCT 2022 – L1 – Q5 – Differences Between Cheque and Bill of Exchange

Discuss the difference between a Cheque and a Bill of Exchange.

Discuss the difference between a Cheque and a Bill of Exchange.

(20 marks)

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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 – OCT 2022 – L1 – Q3 – Land Ownership under Ghanaian Customary Law

Discuss three different kinds of land ownership under Ghanaian Customary Law.

Discuss any three (3) different kinds of land ownership known under the Ghanaian Customary Law. (20 marks)

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PBL – OCT 2022 – L1 – Q2 – Comparison of Legal Concepts and Court Roles

Compare and contrast Ratio Decidendi with Obiter Dicta, and Assessors with Jurors.

Compare and Contrast:

a) Ratio Decidendi and Obiter Dicta (10 marks)

b) Assessors and Jurors (10 marks)

(Total: 20 marks)

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PBL – OCT 2022 – L1 – Q1 – Recovery Options for Defaulted Mortgage Loan

Explain options for a bank to recover a defaulted loan secured by a mortgage and recommend one with reasons.

Kwame Burger borrowed GH₵ 1 million from PPT Bank Ltd and mortgaged his house to secure the loan. He has since defaulted in the repayment of the loan. Explain the options available to the PPT Bank to recover the indebtedness of Kwame Burger. Which one you would recommend and why?

(20 marks)

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PBL – APR 2023 – L1 – Q8 – Ingredients of a Valid Contract

State the ingredients for a valid contract beyond intention to create legal relations.

“A contract is an agreement with the intention to have legal relations”. State the other ingredients for a valid contract. (20 marks)

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