Topic: Contract Law

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BCL – Nov 2024 – L1 – Q4c – Contractual Obligations of a Minor

Legal validity of a contract involving a minor performing services for payment.

Amevo is a minor and a professional dancer. He entered into a contract to perform a series of dances for GH¢5,000 an hour per night of performance. The rule as accepted was that failure to perform in one series without reasonable excuse would incur a percentage deduction from his earnings at subsequent performances. Amevo failed to perform at one of the series. His attention was drawn to the rule, but he now thinks the deduction should not be made.

Required:
Advise Amevo.

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BL – Nov 2012 – L1 – SA – Q6 – Contract Law

Identify a minor term in a contract.

State the term of a contract which is minor or which is ancillary to a major term.

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BL – Nov 2012 – L1 – SA – Q1 – Contract Law

Identify the cardinal rules of interpretation in law.

The cardinal rules of interpretation are the literal rule, Ejusdem generis rule, and _________.

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BL – Nov 2012 – L1 – SA – Q19 – Contract Law

Identify the legal activity that an undischarged bankrupt is not incapacitated from doing.

An undischarged bankrupt is NOT legally incapacitated to do ONE of the following:

A. To marry a wife
B. To be elected into an elective office
C. To be appointed to or to act in the office of a Justice of Peace
D. To be appointed as a trustee of a trust estate
E. To be admitted to serve on a governing board of a statutory institution

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BL – May 2014 – L1 – SB – Q2B – Contract Law

Identifying five ways a contract can be discharged.

Contractual obligations and rights arising from a contract can be discharged in various ways.
You are required to state FIVE ways by which a contract may be discharged.

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BL – May 2014 – L1 – SA – Q5 – Contract Law

Identifying the remedy requiring the breaching party to perform their obligations.

The remedy or an order by a court ordering a party who breached an agreement to perform his obligations under the contract is known as ____________.

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BL – May 2014 – L1 – SA – Q4 – Contract Law

Identifying the term for a contract breach entitling only damages.

The ordinary term of a contract which entitles the aggrieved party to sue only for damages and not rescission of the agreement is a ____________.

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BL – May 2014 – L1 – SA – Q11 – Contract Law

Identifying when the court may lift the veil of incorporation.

Under the common law, the veil of incorporation will NOT be lifted where the company:
A. Has been formed for fraudulent or illegal purposes
B. Operates as an agent of shareholders
C. Trades with alien enemies
D. Engages in acts that are detrimental to public interest
E. Engages in completely ultra vires activities

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BL – Nov 2021 – L1 – SA – Q11 – Contract Law

Identifying the type of contract negotiated on social media.

Emeka and Ngozi negotiated and entered into a contract using Facebook throughout. What kind of contract is this?
A. Facebook contract
B. Unenforceable contract
C. Contract pending signature
D. Social media contract
E. Electronic contract

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BL – Nov 2022 – L1 – SA – Q7 – Contract Law

Defining the act that constitutes theft under the Criminal Code.

Which of the following is classified as an act of theft under the Criminal Code?

A. Acquisition of property
B. Conversion of property
C. Assumption of property
D. Presumption of property
E. Disposal of property

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BCL – Nov 2017 – L1 – Q5b – Contract Law

Analyze the enforceability of a promise made after a service has been rendered.

b) Akosua returned from work to find that a young adult in the neighbor’s home had pruned all the hedges of her home. Akosua, pleased with what the young adult had done, promised a reward of GH¢100.00. After two weeks, when the reward was not forthcoming, the young adult approached Akosua with a stern warning to enforce the promise.

Required:
Explain the chances of the young adult if he intends to seek redress in court. (4 marks)

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BCL – Nov 2017 – L1 – Q3b – Contract Law, Tort

Explain the differences between contract law and tort law, including their definitions and key distinctions.

b) Both tort and contract laws are considered part of the civil law (as opposed to criminal law). However, there are several differences between these two branches of civil law.

Required:
i) Explain law of contract and law of tort. (6 marks)
ii) State TWO differences between law of contract and law of tort. (4 marks)

(Total: 10 marks)

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BCL – Nov 2017 – L1 – Q3a – Tort, Contract Law

Discuss whether an investor can take action against an investment company for negligent advice leading to financial loss.

a) Bobo Company Limited puts up an advert in the ‘Daily Times’ newspaper inviting members of the public to purchase shares. Mr. Kobina Fosu, an investor, decided to purchase some of the shares. He consulted an investment firm to advise on whether or not he should purchase the shares of the company. The investment firm advised Mr. Kobina Fosu that the company was buoyant and that its capital base was strong and attractive. As a result, Mr. Kobina Fosu bought a substantial number of shares of the company. Two months after the purchase of the shares, however, the company went bankrupt.

Required:
What advice, if any, will you give to Mr. Kobina Fosu? (10 marks)

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BCL – Nov 2017 – L1 – Q2b – Tort, Contract Law

Advise on a case of professional negligence where incorrect business advice led to financial loss.

b) Zealow & Associates is a consultancy firm of Accountants. Kingsley Gyeabour, a prospective businessman, has decided to establish a fuel filling station. He sought the professional advice of the consultancy firm, which advised that based on their assessment, the turnover for a day’s sale would be 1200 gallons of ordinary petrol and 1000 gallons of diesel. Relying on the firm’s statement, Gyeabour established the filling station. He later realized that the actual turnover was 100 gallons of petrol and 200 gallons of diesel. Gyeabour intends to sue and seeks your advice.

Required:
Advise Gyeabour. (12 marks)

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BCL – Nov 2017 – L1 – Q2a – Contract Law

Distinguish between an invitation to treat and an offer, and provide examples of an invitation to treat.

a) Distinguish between invitation to treat and an offer. Identify TWO examples of invitation to treat.

(8 marks)

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BCL – Mar 2023 – L1 – Q2b – Contract Law

Explain the options available to a purchaser misled by fraudulent misrepresentation.

Explain TWO (2) options open to a purchaser who is induced to buy property by a vendor’s fraudulent misrepresentation.
(4 marks

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BCL – Mar 2023 – L1 – Q2a – Contract Law

Discuss the applicability of exclusion clauses and essential elements of negligence in a business contract.

Mr. and Mrs. Michel booked in for a week’s stay at a Hotel De-Horses. There was a notice in the bedroom which stated that “the proprietors will not be responsible for articles lost or stolen unless handed to the manageress for safe custody.” A stranger gained access to the room of the Michels and stole Mrs. Michel’s wedding ring and ornaments. The owners of the hotel have denied being liable. The Michels have decided to take action against the hotel.

Required:
i) Explain whether Management of the Hotel De-Horses can rely on the concept of exclusion clauses in business contracts to defend itself.
(4 marks)

ii) Assuming that the stranger gained access because the Michels did not lock their door, identify THREE (3) essential elements of negligence that must be proven by Management of Hotel De-Horses.
(6 marks)

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