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UNIVERSITY OF CAPE COAST

COLLEGE OF HUMANITIES AND LEGAL STUDIES

SCHOOL OF BUSINESS

DEPARTMENT OF ACCOUNTING AND FINANCE

COM 301: PRINCIPLES OF COMMERCIAL LAW

END OF FIRST SEMESTER EXAMINATION 2014/2015 ACCADEMIC YEAR

Instructions: answer question ONE (1) and any other TWO (2) questions

Question 1

(a)    KPB Ltd contracted with Foncta Ltd for the supply of 20 HP laptops, 500 units of SanDisk pen drives, 100 units of Dell laptops batteries and 40 red or purple laptop covers. When the consignment was finally delivered, 25 Laptops were included, made up of 19 HP brand and 6 Dell brand, 100 units of HP laptop batteries 20 red laptop covers, 15 purple laptop covers and 5 blue laptop covers. The consignment included a note asking KPB to take delivery of the 500 units of SanDisk drive from their branch operating at the town where KPB operates.

        Advise KPB as to their right and obligations under the contract of sale.                        (12 marks)

(b)   Mr. Money placed his Nixan car in the possession of Mr. Donkey and travelled to UK on two weeks summer vacation. Before he left, Mr. Money had once informed Mr. Donkey of his planning to sell his car. Remembering this fact, Mr. Donkey claiming to have title of the car sold the car in his possession to Mrs. Marshall for GHS 8,900. Upon the return of Mr. Money, he resolved to recover his car from Mrs. Marshall claiming to be the one having full title of the car.

Advise the parties on the basis of common law and Ghana law.                                        (8 marks)

                                                                                                                                               [Total 20 marks]

Question 2

(a)    With clear examples and or decided cases, distinguish between agency by necessity and agency by ratification.                                                                                                                                (5 marks)

(b)   Section 34 of the Sale of Goods Act defines who an unpaid seller is. An unpaid seller also has two main rights or remedies against the buyer, real rights and personal rights.

REQUIRED:

Define who an ‘’unpaid seller’’ is under the section 34 of the Act and explain any four (4) real

rights of the unpaid seller.                                                                                                           (12 marks)

(c)    Distinguish between a general agent and a special agent.                                                    (3 marks)

                                                                                                                                              [Total: 20 marks]

Question 3

(a)    The Alternative Disputes Resolution Act, 2010 (Act 789) vest  the court power to refer cases before them to ADR and the general power to promote reconciliation not only in civil but also in some criminal cases.

REQUIRED:

Explain four (4) methods of resolving disputes without resort to litigation.                 (10 marks)

(b)   States the ‘’Nemo Dat’’ rule and explain any four (4) inroads that has been made into the rule under section 28 to 33 of the Sale of Good Act, 1962 (Act 137).                                     (10 marks)

Question 4

(a)    Explain the term principled negotiation.                                                                        (4 marks)

(b)   List and explain the general jurisdictions of the supreme court of judicature         (8 marks)

(c)    Explain the following terms:

(i)                  Auction subject to a reserved price                                                                    (2 marks)

(ii)                Specific goods                                                                                                         (2 marks)

(iii)               Unascertained goods                                                                                             (2 marks)

(iv)              Del credere agent                                                                                                   (2 marks)

                                                                                                                        [Total: 20 marks]

Question 5

(a)    Contract for the Sale of Goods is different in meaning and scope when compared with other transactions and agreements.

REQUIRED:

(i)                  Define contract of Sale of Goods in accordance with section 1 of the Sale of Goods Act, (Act 137) of 1962.                                                                                                             (2 marks)

(ii)                Mention and explain four transactions that may not be considered as contract of Sale of Goods.                                                                                                                                 (8 marks)

(b)   List and explain briefly four (4) classifications of conflicts or disputes.                                 (4 marks)

(c)    Outline three (3) fiduciary duties of an agent towards his principal.                                     (3 marks)

(d)   Distinguish between supervisory jurisdictions and original jurisdictions.                             (3 marks)   

                                                                                                                                              [Total: 20 marks]