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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PBL – APR 2024 – L1 – Q5 – Features of a Private Company

Describe the key features of a private company.

Describe the features of a Private Company.

(20 marks)

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PBL – APR 2024 – L1 – Q4 – Executors vs Administrators in Succession

Differences between executors (appointed by will) and administrators (appointed for intestate estates).

State and explain the difference between Executor (appointed by one who makes a will) and Administrators (appointed by members of the family of a deceased who dies intestate – that is without making a will).

(20 marks)

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PBL – APR 2024 – L1 – Q3 – Contract of Guarantee

Explain contract of guarantee and its validity requirements.

(a) Explain a contract of Guarantee. (5 marks)

(b) What are the requirements of a valid Guarantee? (15 marks)

(Total – 20 marks)

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PBL – APR 2024 – L1 – Q2 – Discharge of Contract by Frustration

Discuss circumstances where a contract is discharged by frustration.

“Frustration or subsequent impossibility is a way by which a contract may be discharged.” Discuss the circumstances in which a contract will be held discharged by the operation of the doctrine of frustration.

(20 marks)

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PBL – APR 2016 – L1 – Q8 – Contributory Negligence and Distinction Between Conversion and Detinue

Explain contributory negligence and distinguish between conversion and detinue in the context of banking law.

(a) Explain the term Contributory Negligence.                                                                                                                                                            (b) Distinguish between Conversion and Detinue.

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

Explain second mortgage and sub-mortgage; outline options for a bank to recover a defaulted GHS600,000 loan secured by a house and recommend one.

(a) Explain the following I. A second mortgage                                                                                                                                                            ii. A sub-mortgage                                                                                                                                                                                                             (b) A borrowed GHS600,000.00 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, explain the basic banker-customer relationship, and outline the rights banks have over customer accounts.

(a) 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

Differences between a private limited liability company and a public limited liability company, and the process for converting a private company to a public one.

(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 vs Administrators and Will Revocation

Differences between an executor and an administrator as personal representatives of a deceased person, and methods by which 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 – Q2- Equity Maxims Examination

Examine three maxims of equity: Equality is Equity; Equity will not suffer a wrong to be without a remedy; He who comes into Equity must come with clean hands.

(a) Examine the following maxims of Equity

(i) Equality is Equity

(ii) Equity will not suffer a wrong to be without a remedy.

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

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