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- 20 Marks
BCL – L1 – Q46 – Employment Law
Advise on unfair termination of James Quayle at SkyPure Ltd due to procedural error.
Question
James Quayle, the Deputy Sales and Marketing Manager of SkyPure Ltd, admitted at the Disciplinary Committee hearing that he sold the company products above the approved price and pocketed the difference. He pleaded that Management should temper justice with mercy. His plea was not taken, and he has accordingly been dismissed in line with the Company’s Conditions of Service. Five (5) months later, a member of the senior staff association has advised James Quayle to file a suit for unfair termination as the termination letter was not signed by the Managing Director but the Head of Department as required by the Conditions of Service.
Management is adamant but has approached you for an opinion. You are to advise management in the context of the Labour Act, 2003 (Act 651) and to draw management’s attention to the consequences of unfair termination.
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BCL – L1 – Q38 – Agency
Can Kofi justify ratifying a contract made by his agent beyond authority?
Question
KOFI
Kofi, acting for and on behalf of Mensah, was authorized to purchase Two Thousand Ghana Cedis (GH₵2,000) worth of corn for Adwoa. Kofi bought the corn in Adwoa’s name at Two Thousand Five Hundred Ghana Cedis (GH₵2,500), which was clearly beyond his authority. Mensah was to ratify. Adwoa then failed to take delivery of the corn.
Required:
(a) Explain whether Mensah would be justified in ratifying the contract entered by Kofi and Adwoa.
(b) Explain the concept of “Agency of necessity”.
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BCL – L1 – Q37 – Agency
Describe types of agency relationships, ways to terminate them, and agent rights.
Question
AGENCY RELATIONSHIP
The primary purpose of agency relationships is to bring the principal and third party into contractual relations. Thus, the underlying principle of agency is the power of an agent to alter his principal’s legal relations with third parties.
Required:
(a) Describe TWO (2) types of agency relationship.
(b) Explain FOUR (4) ways in which agency relationships can be terminated.
(c) State TWO (2) rights of an Agent.
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- Tags: Agency, Agency Relationship, Agent Rights, Contract Law, Termination
- Level: Level 1
- Topic: Agency
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BCL – L1 – Q35 – Agency
Describe the rights and obligations of principal and agent.
Question
(a) Describe the rights and obligations of principal and agent.
(b) On what bases will termination of an agency relationship occur?
(c) Explain the following agency terms:
(i) General agent,
(ii) Special agent, and
(iii) Agency by necessity
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- Tags: Agency, Agency by Necessity, Contract Law, General Agent, Special Agent
- Level: Level 1
- Topic: Agency
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