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a) A partner in a firm in the course of an authorized duty incurred liability of which he/she made personal payment. The partner later made claims of reimbursement of expenses incurred. At a meeting of the partners of the firm, the reimbursement was declined.
Required: Explain whether the partner has any rights to claim reimbursement. (7 marks)
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Find Related Questions by Tags, levels, etc.
Find Related Questions by Tags, levels, etc.
Find Related Questions by Tags, levels, etc.
Equity is a term which applies to a specific set of legal principles which were developed to supplement the common law and to ensure fairness in the adjudication of matters.
Required:
Identify FOUR (4) maxims of equity.
(4 marks)
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Find Related Questions by Tags, levels, etc.
Find Related Questions by Tags, levels, etc.
Ama entered into an agreement with Kojo, and in the draft contract, there was a clause that common law and equitable principles will apply. Ama is confused about whether this forms part of the sources of law in Ghana.
Required:
Explain your position to Ama with reference to the 1992 Constitution. (3 marks)
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Find Related Questions by Tags, levels, etc.
The Constitution of the Republic of Ghana 1992 consists of twenty-six (26) chapters. Each chapter is arranged into articles and each article into clauses.
Mention any TEN topics dealt with in any TEN chapters of the Constitution.
(20 marks)
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Find Related Questions by Tags, levels, etc.
a) What is judicial precedent? (2 marks)
b) State TWO (2) grounds under which the courts will depart from a judicial precedent. (4 marks)
c) Ghana legal system is adversarial rather than the inquisitorial approach. In TWO (2) ways, explain the distinction between them. (4 marks)
d) Koby Afadzie and Odartey Nelson were employed by Alfar Preparatory School to teach Mathematics and Social Science, respectively. By the terms of their employment, the two were to be on probation for eight (8) months before they could be fully appointed. Similarly, Adu Owusu and Kafui Yaw were engaged by the school as casual workers charged with the responsibility of keeping the school compound and classrooms clean. After the period of probation, the school authorities informed Koby Afadzie and Odartey Nelson that the school was not interested in giving them permanent appointments because of unsatisfactory performance. On the other hand, Adu Owusu and Kafui Yaw had their appointment terminated without any reason. The four (4) workers intend to take legal action against the school for compensation, accusing it of unfairly terminating their respective appointments.
Required:
Explain whether the workers will succeed in their respective intended legal action. (10 marks)
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Find Related Questions by Tags, levels, etc.
In interpreting statutes, the courts rely significantly on rules of interpretation.
Required:
Explain the following rules of interpretations:
i) Golden rule (2 marks)
ii) Mischief rule (2 marks)
iii) Eiusdem generis rule (2 marks)
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Question:
Paa Nii who resides in the UK sent an amount equivalent to GH¢1,500,000 to his nephew, Dennis, as part payment for the purchase of a house at Trassacco Springs. Paa Nii further sent regular installments to Dennis’ personal account to be given to the vendors. Paa Nii confirmed that Dennis failed to transfer the monies paid to him to the vendors. Paa Nii out of anger organised for Dennis’ vehicle to be burnt to ashes. Paa Nii, proceeded to sue to void the agreement and recover the amount paid.
i) List FOUR (4) doctrines of equity. (4 marks)
ii) In relation to the scenario above, is there any equitable remedy Paa Nii can rely on? (3 marks)
iii) Identify THREE (3) basic presumptions for statutory interpretation. (3 marks)
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