Topic: Tort

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BCL – Nov 2024 – L1 – Q1a – Vicarious Liability, Tort, Employment Law

Can Manopor Company LTD be held liable for an accident caused by an employee who violated the company's code of ethics by drinking alcohol during work hours?

Question

a) Gyabaa is a Senior Staff at Manopor Company LTD. The Code of Ethics of the company prohibits drinking alcoholic beverage during working hours. As part of the company’s culture, assorted drinks including alcoholic beverages are made available to all staff once every two months for three hours before the closing hours with no limits on how much each member of staff can consume. After one of such drink ups, Gyabaa, whilst driving home, had an accident and injured another road user. The cause of the accident was attributed to excess intake of alcohol by Gyabaa. Ahorlu, the injured victim is claiming he will take the matter to the Supreme Court.

Required:

i) Can the management of Manopor Company LTD be held liable for the accident caused by Gyabaa? (5 marks)

ii) Explain if Ahorlu can sue the company at the Supreme Court. (5 marks)

Answer

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Tags: Board Appointments, Minister for Trade, Remedies, Shareholding
Level: Level 1

Topic: Company directors and other officers, Employment law, Tort
Series: Nov 2024

BCL – Apr 2022 – L1 – Q3a – Tort

Analyze vicarious liability in a case where an employee used a company vehicle without permission, resulting in an accident and injury.

Question

a) Kojo Adams was employed by Zinto Breweries Ltd to drive the company’s van. Without permission, Kojo Adams took the van from his employer’s garage in order to deliver a child’s coffin at the home of a relative. While he was returning the van to the garage, he picked up some empty beer barrels, and was afterwards involved in an accident which injured one Kosaa. Kosaa took legal action in court against Kojo Adam’s and Zinto Breweries Ltd.

Required:

i) Identify TWO (2) issues that arise from this case.

(4 marks)

ii) Explain the chances of Kosaa in her action against Zinto Breweries Ltd.

(4 marks)

iii) Advise Kojo Adams.

(2 marks)

Answer

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Tags: Employment Law, Negligence, Tort, Unauthorized Use, Vicarious Liability
Level: Level 1

Topic: Tort
Series: APR 2022

BCL – Nov 2020 – L1 – Q4a – Tort

Explain the chances of success in a legal action under the Rule in Rylands v Fletcher.

Question

Osrodo Leather Co. Ltd used a solvent in their tanning business. The solvent escaped from beneath the works and eventually filtered into the water supply, polluting Adade Water Co. Ltd’s dam. Adade Water Co. Ltd was forced to abandon the dam to develop new water supplies. Consequently, Adade Water Co. Ltd took legal action against Osrodo Leather Co. Ltd.

Required:
Briefly explain the chances of Adade Water Co. Ltd, in the light of the Rule in Rylands Vrs Fletcher. (8 marks)

Answer

Find Related Questions by Tags, levels, etc.

Tags: Liability, Negligence, Rylands v Fletcher, Tort Law
Level: Level 1

Topic: Tort
Series: NOV 2020

BCL – May 2020 – L2 – Q4 – Tort

Discuss the types of nuisance, conditions for constituting nuisance, and the legal position and remedies available to a person affected by nuisance.

Question

Asantewaa lives in a quiet residential area. Next door, Kwickbuild Ltd, is carrying out extensive building works to a dilapidated old house. The builders who are working from dawn to dusk, seven (7) days a week, used a crane which passes over Asantewaa’s house. Asantewaa and her family are annoyed by the dust, dirt, and noise caused by the building works.

Required:

a) Identify the types of tort of nuisance.
(4 marks)

b) What TWO (2) conditions must be present for a conduct to constitute nuisance?
(6 marks)

c) Advise Asantewaa as to her legal position.
(6 marks)

d) State TWO (2) legal remedies available to her.
(4 marks)

Answer

Find Related Questions by Tags, levels, etc.

Tags: Interference, Legal Remedies, Nuisance, Private Nuisance, Public Nuisance, Tort Law, Unreasonable Conduct
Level: Level 1

Topic: Tort
Series: MAY 2020

BCL – May 2020 – L2 – Q1c – Tort

Discuss whether an employee can claim damages for an injury caused by slipping at the workplace.

Question

Following flood damage as a result of three (3) continuous days of rainfall, the Management of Adusa Confectionery Ltd, carefully sprinkled sawdust over the factory floor to prevent employees’ slippage until the floor could be properly cleared. A small patch remained uncovered and Mary Ansah, a pregnant employee, slipped and got injured. She sued the company.

Required:
Explain whether the employee can claim any damages against the management of Adusa Confectionery Ltd.
(10 marks)

Answer

Find Related Questions by Tags, levels, etc.

Tags: Employer Liability, Labor Act 2003, Negligence, Risk of Injury, Safe Working Conditions
Level: Level 1

Topic: Tort
Series: MAY 2020

BCL – Mar 2024 – L1 – Q2a – Tort

Analyze whether Atta Mante and the other residents will succeed in a court action against the Adiso District Council for nuisance.

Question

The Adiso District Council has been dumping garbage in a quarry close to a residential area at Abobo, where Atta Mante resides, and that Atta Mante alleged that the dumping of the refuse has often caused offensive and pestilential smell from vapours in the area, and that the stench emanating from the refuse had seriously interfered with their comfort and well-being. The Council denied having caused any discomfort to Atta Mante and the other residents and contended that the act complained of by Atta Mante and other residents, were conferred on the Council by law.

Required:

Explain whether Atta Mante and the other residents will succeed in any court action against Adiso District Council. (8 marks)

Answer

Find Related Questions by Tags, levels, etc.

Tags: Environmental Law, Legal Action, Nuisance, Private Nuisance, Public Nuisance, Tort Law
Level: Level 1

Topic: Tort
Series: MAR 2024

BCL – Mar 2024 – L1 – Q1a – Tort, Human Rights, Hierarchical Structure of Courts

Evaluate the likelihood of Agro Club succeeding in their court action against the school authorities for trespassing.

Question

Ten members of a club (Agro Club) trespassed on a piece of land belonging to a public school. The club erected a wooden structure on the land in which they were residing. When the school authorities noticed their presence, they were then asked to vacate the land, but they defied the warning. The school authorities served written notice on them to remove the structure they have erected on the land, and vacate same within five days or risked their structure being demolished. The club decided to take legal action against the school authorities in the Supreme Court.

Required:
Explain whether Agro Club will succeed in their court action. (5 marks)

Answer

Find Related Questions by Tags, levels, etc.

Tags: Constitution, High Court, Human Rights, Jurisdiction, Supreme Court, Trespass
Level: Level 1

Topic: Hierarchical Structure of Courts, Human Rights, Tort
Series: MAR 2024

BCL – Nov 2018 – L1 – Q1e – Tort

State two elements required to establish a case of professional negligence.

Question

State TWO (2) elements of Professional Negligence.

(2 marks)

Answer

Find Related Questions by Tags, levels, etc.

Tags: Duty of Care, Elements, Legal Standards, Professional Negligence, Tort Law
Level: Level 1

Topic: Tort
Series: NOV 2018

BCL – Nov 2018 – L1 – Q1d – Tort

Define professional negligence in the context of tort law.

Question

Explain the term “Professional Negligence.” (2 marks)

Answer

Find Related Questions by Tags, levels, etc.

Tags: Duty of Care, Legal Definition, Professional Negligence, Tort Law
Level: Level 1

Topic: Tort
Series: NOV 2018

BCL – May 2018 – L1 – Q2c – Tort

Explain the possible liability of a company and its employee in a negligence case.

Question

c) Bizee Company Limited is a wholesaler storing large quantities of goods in the port city of Takoradi. Kofi Gee, an employee of the company, is a well-trained and skilled driver in a specialty truck. As part of the company’s routine retraining, the need for Kofi Gee to take time, drive the truck carefully and safely, taking into consideration always people on the premises, was over-emphasized. One day, in a hurry to complete the day’s scheduled duty, Kofi Gee drove back the truck so quickly through the partition of the client part of the wholesale department. Two clients on the sales section of the company at the time were injured.

The Board of Directors of the company foresaw the potential consequence to compensate the injured. At their meeting, therefore, you were consulted for your idea on the compensation.

Required:
Explain to the Board the possible liability of the company and Kofi Gee to the two injured clients.

(6 marks)

Answer

Find Related Questions by Tags, levels, etc.

Tags: Negligence, Tort Law, Vicarious Liability
Level: Level 1

Topic: Tort
Series: MAY 2018

BCL – Nov 2024 – L1 – Q1a – Vicarious Liability, Tort, Employment Law

Can Manopor Company LTD be held liable for an accident caused by an employee who violated the company's code of ethics by drinking alcohol during work hours?

Question

Required:

i) Can the management of Manopor Company LTD be held liable for the accident caused by Gyabaa? (5 marks)

ii) Explain if Ahorlu can sue the company at the Supreme Court. (5 marks)

Answer

Find Related Questions by Tags, levels, etc.

Tags: Board Appointments, Minister for Trade, Remedies, Shareholding
Level: Level 1

Topic: Company directors and other officers, Employment law, Tort
Series: Nov 2024

BCL – Apr 2022 – L1 – Q3a – Tort

Analyze vicarious liability in a case where an employee used a company vehicle without permission, resulting in an accident and injury.

Question

Required:

i) Identify TWO (2) issues that arise from this case.

(4 marks)

ii) Explain the chances of Kosaa in her action against Zinto Breweries Ltd.

(4 marks)

iii) Advise Kojo Adams.

(2 marks)

Answer

Find Related Questions by Tags, levels, etc.

Tags: Employment Law, Negligence, Tort, Unauthorized Use, Vicarious Liability
Level: Level 1

Topic: Tort
Series: APR 2022

BCL – Nov 2020 – L1 – Q4a – Tort

Explain the chances of success in a legal action under the Rule in Rylands v Fletcher.

Question

Required:
Briefly explain the chances of Adade Water Co. Ltd, in the light of the Rule in Rylands Vrs Fletcher. (8 marks)

Answer

Find Related Questions by Tags, levels, etc.

Tags: Liability, Negligence, Rylands v Fletcher, Tort Law
Level: Level 1

Topic: Tort
Series: NOV 2020

BCL – May 2020 – L2 – Q4 – Tort

Discuss the types of nuisance, conditions for constituting nuisance, and the legal position and remedies available to a person affected by nuisance.

Question

Required:

a) Identify the types of tort of nuisance.
(4 marks)

b) What TWO (2) conditions must be present for a conduct to constitute nuisance?
(6 marks)

c) Advise Asantewaa as to her legal position.
(6 marks)

d) State TWO (2) legal remedies available to her.
(4 marks)

Answer

Find Related Questions by Tags, levels, etc.

Tags: Interference, Legal Remedies, Nuisance, Private Nuisance, Public Nuisance, Tort Law, Unreasonable Conduct
Level: Level 1

Topic: Tort
Series: MAY 2020

BCL – May 2020 – L2 – Q1c – Tort

Discuss whether an employee can claim damages for an injury caused by slipping at the workplace.

Question

Required:
Explain whether the employee can claim any damages against the management of Adusa Confectionery Ltd.
(10 marks)

Answer

Find Related Questions by Tags, levels, etc.

Tags: Employer Liability, Labor Act 2003, Negligence, Risk of Injury, Safe Working Conditions
Level: Level 1

Topic: Tort
Series: MAY 2020

BCL – Mar 2024 – L1 – Q2a – Tort

Analyze whether Atta Mante and the other residents will succeed in a court action against the Adiso District Council for nuisance.

Question

Required:

Explain whether Atta Mante and the other residents will succeed in any court action against Adiso District Council. (8 marks)

Answer

Find Related Questions by Tags, levels, etc.

Tags: Environmental Law, Legal Action, Nuisance, Private Nuisance, Public Nuisance, Tort Law
Level: Level 1

Topic: Tort
Series: MAR 2024

BCL – Mar 2024 – L1 – Q1a – Tort, Human Rights, Hierarchical Structure of Courts

Evaluate the likelihood of Agro Club succeeding in their court action against the school authorities for trespassing.

Question

Required:
Explain whether Agro Club will succeed in their court action. (5 marks)

Answer

Find Related Questions by Tags, levels, etc.

Tags: Constitution, High Court, Human Rights, Jurisdiction, Supreme Court, Trespass
Level: Level 1

Topic: Hierarchical Structure of Courts, Human Rights, Tort
Series: MAR 2024

BCL – Nov 2018 – L1 – Q1e – Tort

State two elements required to establish a case of professional negligence.

Question

State TWO (2) elements of Professional Negligence.

(2 marks)

Answer

Find Related Questions by Tags, levels, etc.

Tags: Duty of Care, Elements, Legal Standards, Professional Negligence, Tort Law
Level: Level 1

Topic: Tort
Series: NOV 2018

BCL – Nov 2018 – L1 – Q1d – Tort

Define professional negligence in the context of tort law.

Question

Explain the term “Professional Negligence.” (2 marks)

Answer

Find Related Questions by Tags, levels, etc.

Tags: Duty of Care, Legal Definition, Professional Negligence, Tort Law
Level: Level 1

Topic: Tort
Series: NOV 2018

BCL – May 2018 – L1 – Q2c – Tort

Explain the possible liability of a company and its employee in a negligence case.

Question

The Board of Directors of the company foresaw the potential consequence to compensate the injured. At their meeting, therefore, you were consulted for your idea on the compensation.

Required:
Explain to the Board the possible liability of the company and Kofi Gee to the two injured clients.

(6 marks)

Answer

Find Related Questions by Tags, levels, etc.

Tags: Negligence, Tort Law, Vicarious Liability
Level: Level 1

Topic: Tort
Series: MAY 2018

Topic: Tort

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BCL – Nov 2024 – L1 – Q1a – Vicarious Liability, Tort, Employment Law

Can Manopor Company LTD be held liable for an accident caused by an employee who violated the company's code of ethics by drinking alcohol during work hours?

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BCL – Apr 2022 – L1 – Q3a – Tort

Analyze vicarious liability in a case where an employee used a company vehicle without permission, resulting in an accident and injury.

You're reporting an error for "BCL – Apr 2022 – L1 – Q3a – Tort"

BCL – Nov 2020 – L1 – Q4a – Tort

Explain the chances of success in a legal action under the Rule in Rylands v Fletcher.

You're reporting an error for "BCL – Nov 2020 – L1 – Q4a – Tort"

BCL – May 2020 – L2 – Q4 – Tort

Discuss the types of nuisance, conditions for constituting nuisance, and the legal position and remedies available to a person affected by nuisance.

You're reporting an error for "BCL – May 2020 – L2 – Q4 – Tort"

BCL – May 2020 – L2 – Q1c – Tort

Discuss whether an employee can claim damages for an injury caused by slipping at the workplace.

You're reporting an error for "BCL – May 2020 – L2 – Q1c – Tort"

BCL – Mar 2024 – L1 – Q2a – Tort

Analyze whether Atta Mante and the other residents will succeed in a court action against the Adiso District Council for nuisance.

You're reporting an error for "BCL – Mar 2024 – L1 – Q2a – Tort"

BCL – Mar 2024 – L1 – Q1a – Tort, Human Rights, Hierarchical Structure of Courts

Evaluate the likelihood of Agro Club succeeding in their court action against the school authorities for trespassing.

You're reporting an error for "BCL – Mar 2024 – L1 – Q1a – Tort, Human Rights, Hierarchical Structure of Courts"

BCL – Nov 2018 – L1 – Q1e – Tort

State two elements required to establish a case of professional negligence.

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BCL – Nov 2018 – L1 – Q1d – Tort

Define professional negligence in the context of tort law.

You're reporting an error for "BCL – Nov 2018 – L1 – Q1d – Tort"

BCL – May 2018 – L1 – Q2c – Tort

Explain the possible liability of a company and its employee in a negligence case.

You're reporting an error for "BCL – May 2018 – L1 – Q2c – Tort"

BCL – Nov 2024 – L1 – Q1a – Vicarious Liability, Tort, Employment Law

Can Manopor Company LTD be held liable for an accident caused by an employee who violated the company's code of ethics by drinking alcohol during work hours?

You're reporting an error for "BCL – Nov 2024 – L1 – Q1a – Vicarious Liability, Tort, Employment Law"

BCL – Apr 2022 – L1 – Q3a – Tort

Analyze vicarious liability in a case where an employee used a company vehicle without permission, resulting in an accident and injury.

You're reporting an error for "BCL – Apr 2022 – L1 – Q3a – Tort"

BCL – Nov 2020 – L1 – Q4a – Tort

Explain the chances of success in a legal action under the Rule in Rylands v Fletcher.

You're reporting an error for "BCL – Nov 2020 – L1 – Q4a – Tort"

BCL – May 2020 – L2 – Q4 – Tort

Discuss the types of nuisance, conditions for constituting nuisance, and the legal position and remedies available to a person affected by nuisance.

You're reporting an error for "BCL – May 2020 – L2 – Q4 – Tort"

BCL – May 2020 – L2 – Q1c – Tort

Discuss whether an employee can claim damages for an injury caused by slipping at the workplace.

You're reporting an error for "BCL – May 2020 – L2 – Q1c – Tort"

BCL – Mar 2024 – L1 – Q2a – Tort

Analyze whether Atta Mante and the other residents will succeed in a court action against the Adiso District Council for nuisance.

You're reporting an error for "BCL – Mar 2024 – L1 – Q2a – Tort"

BCL – Mar 2024 – L1 – Q1a – Tort, Human Rights, Hierarchical Structure of Courts

Evaluate the likelihood of Agro Club succeeding in their court action against the school authorities for trespassing.

You're reporting an error for "BCL – Mar 2024 – L1 – Q1a – Tort, Human Rights, Hierarchical Structure of Courts"

BCL – Nov 2018 – L1 – Q1e – Tort

State two elements required to establish a case of professional negligence.

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BCL – Nov 2018 – L1 – Q1d – Tort

Define professional negligence in the context of tort law.

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BCL – May 2018 – L1 – Q2c – Tort

Explain the possible liability of a company and its employee in a negligence case.

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