GHANA SCHOOL OF LAW
(BOARD OF LEGAL EDUCATION)
ENTRANCE EXAMINATION TO THE PROFESSIONAL LAW COURSE
JULY 13, 2017
TIME: 2 HOURS
SECTION B
ANSWER ANY TWO QUESTIONS FROM THIS SECTION
ALL QUESTIONS CARRY EQUAL MARKS
1. The fundamental obligation of the seller does not include one of the following
a) In a sale of specific goods, the fundamental obligation of the seller is to deliver those goods to the buyer
b) In a sale of unascertained goods, the fundamental obligation of the seller is to deliver to the buyer goods substantially corresponding to the description or sample by which they are sold
c) In a sale of ascertained goods, the fundamental obligation of the seller is to deliver to the buyer goods substantially corresponding to the description or sample by which they are sold
d) None of the above
2. Which of the following is not true of a bill of lading?
a) A bill of lading is a receipt for the goods shipped
b) A bill of lading is not a negotiable instrument
c) A bill lading constitutes a document of title to the particular goods to which they relate
d) The transferee of a bill of lading acquires no better title than the preceding endorser or transferor
3. Which of the following statements is not true?
a) One of the ingredients of the offence of stealing is absence of consent
b) In the offence of defrauding by false pretences there is consent
c) The offence of robbery involves defrauding with violence
d) A person may be found guilty of stealing human skulls
4. In which of these marital situations is Kofi not guilty of Bigamy under section 263(1) of the Criminal and Other Offences Act, 1960 (act 29)?
a) Kofi who is monogamously married to Abena, goes through another monogamous ceremony of marriage with Yaa.
b) Kofi while still married monogamously to Abena, contracts another marriage under customary law with Yaa.
c) Kofi while still married under customary law goes through a monogamous marriage with Yaa.
d) Kofi, a Muslim, while in a Muslim marriage with Abena converts to Christianity and thereafter contracts a customary marriage with Yaa which was blessed in a church.
5. Mr. A and Mrs. A live next door to Mr. B and Mrs. B. In August, Mr. A went to Australia on business. Mrs. B went to stay with her parents and Mr. B stayed at home to look after the dog. Mr. A wrote a letter to Mrs A containing the following passage. “I have heard that you and Mr. B have been carrying on together while my back was turned”. Mrs A showed the letter to Mr. C, the mechanic, who memorised the exact words and repeated them to Mr. B. Advise Mr. B whether he may sue Mr. A and/or Mrs. A. Mark an appropriate advice from below.
a) Mr. B may sue only Mr. A.
b) Mr. B may sue both Mr. A and Mrs. B.
c) Mr. B. may sue neither Mr. A nor Mrs. A.
d) Mr. B. may sue Mrs A but not Mr. A.
6. Under the Constitutional Law of Ghana, any question as to existence or content of a rule of customary law is:
a) A question of fact for the court
b) A question of law for the court
c) A question of both fact and law
d) None of the above
7. In an action for passing off, on which of the following elements does a plaintiff not have to lead sufficient evidence in order to succeed?
a) The goods or works in question were distinctive and had some reputation because of which there was goodwill attached to the name of the goods sufficient for members of the public to be misled or confused by the defendant’s goods or works into thinking they are buying the goods of the Plaintiff.
b) The defendant had by the get-up or description of their goods or work been misrepresenting them to be those of the Plaintiff and there was a probability of confusion between the two products in the mind of the public such as to deceive them.
c) The plaintiff must show actual deception or fraudulent motive or actual malice on the part of the defendant.
d) The misrepresentation was likely to harm the plaintiff’s interest, and it was immaterial that the defendant did not intend to cause harm.
8. When an accused person is acquitted and discharged after a criminal trial. This means
a) The accused person cannot be tried again in respect of the same offence.
b) The accused person can never be arrested in his life time.
c) The accused person can file an appeal.
d) The accused person can apply for compensation from the State.
9. The equitable maxim “equity acts in personam” means that:
a) Equity assists a person who is vigilant and not the indolent.
b) Equity will not let a person suffer a wrong without a remedy.
c) Equity has jurisdiction over the defendant personally.
d) Equity acts on behalf of all persons.
10. A Judicial Committee of the National House of Chiefs shall have original jurisdiction over all of the following matters affecting chieftaincy except?
a) A matter which lies within the competence of two or more Regional Houses of Chiefs.
b) A matter which cannot otherwise be dealt with by a Regional House of Chiefs.
c) A matter which has been referred to it by a Regional House of Chiefs.
d) A matter which is not property within the jurisdiction of Regional House of Chiefs.
11. An innocent representation gives the party misled the right to:
a) Damages for breach of contract
b) Restitution
c) Rescission
d) Quantum Meruit
12. Under the Intestate Succession Law PNDCL 111, where the estate includes only one house but it was not occupied by the deceased in his lifetime it shall devolve to:
a) Three-quarter to surviving spouse and children and one-quarter to the family.
b) Seven-eighth to surviving spouse and children and one-eighth to the family.
c) The surviving spouse and children.
d) Half to surviving spouse and children and half to the family.
13. In exercising his prerogative of mercy, the President acts:
a) On the advice of the Cabinet.
b) In consultation with Parliament. •
c) In consultation with the Prison Service Council.
d) In consultation with the Council of State.
14. An international business transaction entered into by the Government of Ghana is null and void under article 181 of the 1992 Constitution unless….
a) It was the Attorney-General who conducted the negotiation on behalf of government by virtue of article 88 of the 1992 Constitution.
b) The currency for payment under contract was Ghana Cedis.
c) The agreement had been placed before and approved by a resolution of Parliament.
d) The agreement had been reviewed and approved by the President.
15. Who put forward the pure theory of law or the basic norm called Grundnorm.
a) Hans Rickler
b) John Austin
c) Hans Kelsen
d) Karl Llewellyn
16. A highway robber armed with an AK 47 Assault Rifle, signalled the driver of a passenger bus to stop but the driver refused and sped on. He fired at the driver but missed his target. The bullet went through the window of the bus and hit a farmer who was then working on his farm by the road side. A search party from a village nearby managed to arrest the robber with the weapon. He was put on trial for the murder of the farmer. His defence was that his intention was to rob the passengers on the bus not to kill the fanner. The jury should find the robber.
a) Not guilty, because he did not intent to kill the farmer but to immobilise the driver of the bus to enable him rob the passengers.
b) Not guilty of murder but guilty of manslaughter because the farmer was mistakenly killed.
c) Guilty, because if a man deliberately shoots at ‘A’ and misses him but kills ‘B’, it is murder. It is immaterial whether his intention was not to kill the farmer but the driver of the bus.
d) Guilty, because he should not have fired into the bus at all.
17. Same rents premises from Bob at an agreed rent. With the knowledge of Bod, Same renovates the premises for his specialized use as a pharmacy. At the end of the lease period Sam presents to Bob a bill for the renovations he made. The court refuses this relief on the basis of.
a) Equity acts in personam.
b) He who comes to equity must come with clean hands.
c) The equitable principle against unjust enrichment
d) He who seeks equity must do equity.
18. Which of the following would constitute an order of mandamus?
a) Produce the body
b) Set aside the decision
c) Stop building on the land
d) Enter his name in the electoral register
19. Which of the following will result in the employer NOT being held vicariously liable for a tort committed by an employee?
a) An act authorized by the employer but conducted in an unauthorized way.
b) An act where the employee has deviated significantly from the task set by the employer.
c) An act incidental to employment.
d) A criminal act committed by the employee where there is a closeness of connection between the wrong committed by the employee and the nature of his/her employment (in determining whether it is just and reasonable to hold the employer liable).
20. Which of these statements is true?
a) In defending oneself against attach, one must not use greater violence than is justifiable.
b) One is allowed to use force if one suspects that a crime is about to be committed.
c) Force can be used to prevent people from disobeying the chiefs commands.
d) Land guards are authorized to use force to prevent encroachment on land.
SECTION B
ANSWER ANY TWO QUESTIONS FROM THIS SECTION
ALL QUESTIONS CARRY EQUAL MARKS
Ql. Jerry Jones, Percy Odonkor and his sister Lucy Odonkor are directors of Okofo Limited. The Company has seven shareholders with Lucy being the majority shareholder. Lucy got married and desired to relocate to Sweden to join her husband. Because she did not trust that the affairs of Okofo Limited would be handled well, she decided that it was best the company be wound up. The accountant informed all the directors that the company owed its creditors a great deal and was afraid it ‘ would not be able to pay all the creditors immediately. Lucy is bent on seeing the company liquidated and so together with her brother Percy made a declaration that the company was solvent. At the next Annual General Meeting, four weeks later, the members of the company resolved by a simple majority decision to wind up the company. Percy Odonkor was appointed the liquidator of the company. He then sent a copy of the resolution to wind up the company to the Registrar of Companies. Mr. Jones is a minority shareholder of the company and is unhappy about the state of affairs.
Advise Mr. Jones.
(30 marks)
Q2. The Earl of Balfour in the “English Constitution” stated that:
“Under the Presidential system the effective head of the national administration is elected for a fixed term. He is practically irremovable. Even if he is proved to be inefficient, even if he becomes unpopular even if his policy is unacceptable to his countrymen, he and his methods must be endured until the moment comes for a new election”.
To what extent is this statement applicable to the President under the 1992 Constitution of Ghana?
(30 marks)
Q3(a) a spectator at a cricket game at the Achimota Cricket Oval match is injured by a ball struck lustily by a batsman. His entrance ticket contained no special conditions, so that liability falls to be decided in accordance with the general principles of the law of torts.
What duty is owed to such a spectator by (i) the Batsman, and (ii) the Promoters of the game?
Q3(b) Kwasi Poku of the Aduana Clan of Abetifi bought a piece of land in 1978 on which he put up a 3 storey building at Abetifi. He died intestate in 1986. The property has been enjoyed by both his nuclear and extended families. The head of family omitted to apply for Letters of Administration. Unknown to the rest of the family, one of the nephews by name Kwadwo Dankyi, who owns a spare parts business at Kantamanto, Accra surreptitiously managed to obtain some documents on the property which he used as collateral for a loan from ABC Bank Ltd. Kwadwo Dankyi has defaulted on the loan repayment and the bank is seeking to obtain an order for a judicial sale. This has now come to the attention of the rest of the family.
Advise the family.
(30 marks)
