GHANA SCHOOL OF LAW
(BOARD OF LEGAL EDUCATION)
ENTRANCE EXAMINATION TO THE PROFESSIONAL LAW COURSE
JULY 6, 2016
TIME: 2 HOURS
SECTION A
ANSWER ALL QUESTIONS IN THIS, SECTION
1. Asa general rule the owner of allodial title to land in most communities in Northern Ghana is called
a. Naaba
b. Sheik
c. Tendana
d. YaaNaa
2. An innocent representation gives the party misled the right to:
a. Damages for breach of contract
b. Restitution
c. Rescission
d. Quantum Meruit
3. Which of the following is valid of the system of government of Ghana
a. Supremacy of the constitution
b. Supremacy of the Judiciary
c. Supremacy of parliament
d. Supremacy of the executive
4. Which of the following provides the closet illustration of the meaning of the term: “Nemo dat quod non habet” in the law of Property:
a. A person in possession will prevail against the whole world except the true owner
b. Legal title to land is superior to an equitable interest in the land
c. A lessee cannot convoy the freehold
d. Title to land does not always go with possession of the land
5. The following are legal defenses to the tort of defamation except:
a. Truth
b. Justification
c. Privilege
d. Negligence
6. Where a tort has been committed but the claimant suffers no quantifiable loss, which of the following types of damages may be awarded by the court:
a. Nominal Damages
b. Unliquidated damages
c. Liquidated damages
d. Exemplary damages
7. A and Mrs. A live next door to B and Mrs. B. In August, A went to Australia on business. Mrs. went to stay with her parents and B stayed at home to look after the dog. A wrote a letter to Mrs. A containing the following passage: “I have heard that you and B have been carrying on together while may back was turned”. Mrs. A showed the letter to c, the greengrocer, who memorized the exact words and repeated them to B.
Advise B whether he may sue A and/or Mrs. A. Mark an appropriate advice from below.
a. B may sue only A.
b. B may sue both A and Mrs. A.
c. B may sue neither A nor Mrs. A.
d. B may sue Mrs. A but not A
8. A bequest is:
a. A gift by will of personal property
b. A gift by will of immovable property
c. Any gift made in a will.
d. A request made by a testator in his will.
9. Kofi owed Kwasi a sum of money. Kofi made a will giving Kwasi a legacy equal to the deb and subsequently Kofi paid Kwasi the sum he owed him. Is Kwasi entitled to the legacy in spite of Kofi having settled his indebtedness to him?
a. Equity leans against double portions and since Kofi had paid the debt after he made his will, Kwasi will not be entitled to the legacy.
b. Since Kofi did not amend his will after he paid the debt to Kwasi, Kofi is presumed to have intended that kwasi benefits under the will. Kwasi is therefore entitled to the legacy in spite of having been paid the debt.
10. Mr. A has agreed to buy something from Mr. B of which, unknown to both Mr. A and Mr. B, Mr. A is already the owner. What will be the status of the sale agreement when the parties realize the mistake?
a. The contract is voidable and Mr. A may take steps to avoid it and also recover any money paid under it.
b. The contract is void, but money already paid under it may not be recovered.
c. The contract is void for mistake as to title, and any money paid can be recovered.
11. Kwabena Minta was in Charge of a motor vehicle. He parked the vehicle at a parking lot and went for a meal at a “chop bar” nearby. Kwabena however forgot to take along the ignition key, which was lying in his seat. In Kwabena’s absence, an unauthorized person drove the vehicle and caused the death oOf a young boy. Can Kwabena Minta be convinced for any offence under the Criminal offence Act, 1960?
a. Yes. Kwabena Minta can be convicted for negligently causing harm under section 72 of the Act
b. Yes. Kwabena Minta can be convicted for manslaughter under section 51 of the Act.
c. No. the facts do not disclose anything concerning Kwabena Minta, whether in the form of an act or state of mind that makes him liable for conviction for any offence under the Act.
12. In one of the following situations, the tort of passing off cannot be said to have been committed. Identify that situation and mark it.
a. Where the defendant is marketing his product as that of the plaintiff.
b. Where the defendant, engaged in the same line of business as the plaintiff, is using a name similar to the plaintiffs in the conduct of his business.
c. Where the defendant is using the plaintiffs trade name to identify goods which he markets, or service which he renders.
d. Where the defendant has adopted for his house a name similar to that of the plaintiff, his neighbor, and is thereby passing off his house as that of the plaintiff, much to the inconvenience of the plaintiff.
13. Which of the following is not true about land-holding in Ghana? Identify it and mark it
a. The allodial title is the highest title capable of being held in land in Ghana.
b. Among the modes of acquisition of the allodial title were conquest and subsequent settlement, discovery by hunters and pioneers of the stool or the skin, gifts and purchases.
c. There are still in existence expenses of land in which the allodial interests are yet to be appropriated.
d. The allodial title holder is entitled to the performance of customary services by occupants of the land
14. Which of the following in your opinion, does not correctly describe a common carrier?
a. A common carrier arranges terms individually with any person for whom he arranges to carry.
b. A common carrier holds himself out as ready to carry passengers or goods for anyone who wishes to employ him
c. A common carrier is bound to carry all goods offered to him by those willing to hire, unless he has no room in his vehicle, or the goods offered are not of the kind he professes to carry, or the destination is not to which he usually travels.
15. Which of the statements below does not accurately presents the constitutional position?
Mark your answer.
a. Be a citizen of Ghana who has attained the ages of twenty- one years and is a registered voter.
b. Be resident in the constituency for which he stands as a candidate for elections to parliament or has there for a total of seventy years out of the ten years immediately proceedings the election for which he stand, or he hails from that constituency
c. Have paid all his taxes or made arrangements satisfactory to the appropriate authority for the payment of his taxes.
16. What do you understand by “the veil of incompetence”?
a. When the directions of a company are stripped of their directorship and personally sued in court.
b. When the law ignores the separate legal status of a corporation and ascribe liability (penal and/or civil) to various individuals like the members and directors of the company.
c. When the directors of a company are sued personally for failing to call shareholders meeting for a continuous period of six months from the date of incorporation.
d. When shareholders of a company are sued personally because the company has carried on official business without an identifiable office and address.
17. What is the rule in FOSS v HARBOTTLE?
a. The rule of individual members of a company to sue to compel the company to conform to its regulations.
b. The right of the minority in a company to sue the company to compel it to enforce a claim belonging to the company
c. The limitation on individual members’ right to sue to compel a company to conform to its regulations or to enforce a claim belonging to the company.
d. The limitation on the directions of a company to sue the managing director to conform to the regulations of the company.
18. What is the difference between a shareholder and a debentureholder?
a. A shareholder has ownership interest in a company whilst a debentureholder is a creditor of a company.
b. A shareholder is a creditor of a company whilst a debentureholder is a debtor of a
company ,
c. There is no difference between a shareholder and debentureholder because they are all creditors of company
d. A shareholder can sue a company to claim his dividend but a debentureholder cannot.
19. To succeed on a claim of malicious prosecution, a plaintiff needs to prove (choose the correct option):
a. That the defendant initiated a prosecution against him that the criminal proceeding terminated in plaintiffs favor and that the defendant undertook or instigated or procured the prosecution with no reasonable or probable cause. .
b. That the defendant initiated a prosecution against him that the criminal proceedings terminated in plaintiffs favor; that the defendant undertook or instigated or procured the prosecution with no reasonable or probable cause; that the defendant acted maliciously and that plaintiff suffered damages as a result of the prosecution.
c. That the defendant pointed him out to the police for his arrest; that the criminal proceedings terminated in plaintiffs favor; that the defendant acted maliciously and that the plaintiff suffered damage as a result of the prosecution.
d. That the defendant initiated a prosecution against him; that the defendant undertook or instigated or procured the prosecution with no reasonable or probable cause; that the defendant acted maliciously and that the plaintiff suffered damages as a result of the prosecution.
20. A’s land adjacent to B’s land. There was a big ‘dead’ mahogany tree standing on A’s land close to his boundary with B’s land. During a heavy rainstorm, the tree was blown down by the wind. It fell on B’s land and destroyed some of his crops. B sued A claiming damages for trespass for allowing a tree on his land to fall destroying his crops. Can B succeed?
a. No, because the blowing down of the tree was not direct and voluntary act of A. it was an act of God, which A could not prevent.
b. No. B could not succeed on a claim for trespass but he could succeed under the rule in Rylands v Fletcher.
c.Yes, because A acted negligently when he failed to fell the tree knowing that it was dead and could be blown down anytime by a strong wind.
d. Yes, because the dead tree was on his land. He should have contemplated the damage it could cause to B’s crops in case of it being blown down during a heavy storm.
21. What is unnatural carnal knowledge as defined under the Criminal Offences Act, 1960 . [Act 29]?
a. Unnatural carnal knowledge is the same as sodomy or lesbianism.
b. Unnatural carnal knowledge is sexual intercourse between two male partners.
c. Unnatural carnal knowledge is sexual intercourse with a person in an unnatural manner or with an animal.
d. Unnatural carnal knowledge is sexual intercourse with an animal in an unnatural manner
22. When a builder was building a foundation for the construction of his house in the year 2000, he negligently caused damage to an underground cable belonging to the ECG. Two years later in 2002, Parliament passed a law making it a criminal offence for anyone who intentionally or negligently causes damage to any property belonging to either ECG or Ghana Water Company (GWC). After the passage of law, the builder was arrested and charged with the offence of negligently causing damage to a cable belonging to the ECG. The only evidence led against the builder was the damage he caused in 2000. The court should;
a. Convict the builder because he negligently caused damage to the cable and was therefore guilty
b. Convict the builder because he did not deny causing damage to the cable which is an offence under the law
c. Not convict because the damage was not caused intentionally so there was absence of mens rea.
d. Not convict because at the time the damage was caused, it was not an offence under any punishable law.
23. What is the difference between ‘Rape’ and defilement’?
a. Rape is having carnal knowledge of any female without her consent while Defilement is having carnal knowledge of a school girl without her consent. Rape is having knowledge of an adult female without her consent while Defilement is
having carnal knowledge of a child with or without her consent.
b. Rape is having carnal knowledge of a female of not less than sixteen (16) years without her consent while Defilement is having natural or unnatural carnal knowledge of a child less than sixteen (16) years of age, with or without her consent.
c. Rape is having carnal knowledge of a female of not less than 16years without her consent while Defilement is having carnal knowledge of a female below 16th years without her consent.
24. The following causes of action die with the tortfeasor.
a. Trespass to land Trespass to the person.
b. Nuisance and Detinue.
c. Breach of promise to marry and actions on seduction.
d. Detinue and Conversion.
25. Which of the following is not a condition precedent for the invocation of the original jurisdiction of the Judicial Committee of the National House of Chiefs on a cause or matter affecting chieftaincy under article 273(5) of the 1992 constitution?
a. The cause or matter must lie within the competence of two or more regional houses of chiefs.
b. The cause or mater is not within the jurisdiction of a regional house of chiefs
c. The cause or matter cannot otherwise be dealt with by a regional house of chief
d. The cause or matter must be a dispute between on an Omanhene and a divisional chief.
26. Which of the following is not a head of damages in assessing damages in an action for libel?
a. Injury to the feelings
b. Mental suffering
c. Loss of dignity, respect and confidence
d. pecuniary
27. In Boampong v Aboagye [1981] the Supreme Court laid down the requirement for a valid customary abdication of a chief. Which of the following ingredients is not one of the condition?
a. Voluntary renunciation of the stool
b. Its acceptance by the head of family
c. Performance of the requisite rites
d. Performance of the abdication
28. Which of the following is not one of the three certainties laid down in Knight v Knight (1840) as necessary for the creation of a valid trust enforceable by the beneficiaries against trustee?
a. Certainty of intention (or words)
b. Certainty of subject matter
c. Certainty of object
d. Certainty of beneficiaries
29. Which of the following is not a condition to be satisfied by the State for the valid compulsory acquisition of property under the 1992 Constitution?
a. Statement of the necessity for the acquisition must provide reasonable justification for causing hardship to the owner.
b. The acquisition is to the public benefit
c. The law for acquisition must provide for prompt payment of fair and adequate compensation.
d. The law must state the period for which the property will be kept by the state
30. Which of the following is not one of the essential elements of the offence of causing financial loss to the state contrary to section 179A (3) of Act 29?
a. A financial loss.
b. To the state.
c. Caused by the action or omission of the accused.
d. The accused benefited from the action or omission.
SECTION B
ANSWER ONLY ONE QUESTION IN THIS SECTION
ALL QUESTIONS CARRY EQUAL MARKS
Q1 ‘
The promoters of Machine World Limited were Akua Foriwaa,Akua benin and Kwame Owusu. Before the incorporation of the company, Akua Foriwa signed a contract on behalf of the machine world ltd for the purchase of equipment with a supplier based in Dubai on credit terms. Machine world ltd was subsequently incorporated, with Akua Foriwa holding 55% of the issued shares of the company. The remaining shares were held equally by Asuo Benin and Kwame Owusu both of whom were made directors. Akua Foriwaa was also the managing director of the company.
A few days after the incorporation of the company, the equipment was delivered, installed and began operation. The Chief Financial Officer of the company, on the instructions of Akua Foriwaa, had been making payments to the supplier, Akua Foriwaa died a few months after the company had commenced business. After the death of Akua Foriwaa, the company defaulted in making further payments to the supplier despite persistent demands. A British trained lawyer had advised the company that a non- existing company cannot enter into contract so machine world ltd should claim a refund of the payments already made. The supplier has issued pre-litigation correspondence threatening legal action. The Ghanaian lawyers for machine world limited have responded that the comp any is not privy to the contract and has no intention of making any further Payments to the supplier.
Consider and resolve the legal issues arising.
(40 marks)
Q2.
A driver of a 207 Benz bus loaded with goods ignored a police signal at a security check-point. Thinking that the police were in pursuit, the driver of the Benz bus called Efo Kwakuvi, drove at top speed, which was excessive under the circumstances, to avoid arrest. He defied warnings by passengers in the bus to reduce his speed. In the circumstances, the left front tyre of his vehicle fell into a big pot-hole. He lost control of his steering-wheel and his vehicle veered into the opposite lane of the two -way traffic. The bus collided with an on- coming taxi-cab with three passengers on board. The taxi-cab was damaged beyond economic repairs. Passengers on the bus were lucky to escape any serious injuries.
One of the passengers on board the taxi-cab who was the Messenger on a Rural Bank in the area with two wives and five children, died on the spot. The other two passengers suffered grievous bodily injuries. One of them was a peasant farmer while the other was a fitting mechanic. The driver of the taxi-cab, who happened to be the owner of the taxi, miraculously escaped death. He however, sustained slight injuries and lost three of his front teeth in the process. He was hospitalized for two weeks for the treatment of his injuries. The peasant fanner became paralyzed as a result of injury’ to his spine after spending about three months in hospital while the mechanic, who also spent about two months in hospital, lost one of his fore-limbs (precisely his right arm); both of them became incapacitated and could no more pursue or practice their vocations.
What are some of the reliefs that are open to the driver/owner of the taxi-cab and against whom?
Can the personal representative/wives of the deceased Bank Messenger seek redress in court?
If yes, who would be culpable and what reliefs would they be entitled to?
What reliefs are available to the other injured passengers; i.e. the peasant farmer and the mechanic and against whom?
(40 marks)
Q3
Amerley is the daughter of Ajokor, a subject of La Stool in Accra. For 60 YEARS Ajokor farmed on vacant La Stool Land at Nkwantanang, near Madina and put up a hut in which she kept her farm produce. Amerley required land to build a house and her mother Ajokor gave her a portion of the land she farmed upon at Nkwantanang. When she commenced building operations she was confronted by officials from Guard Petroleum Company Ltd who claimed their company obtained a grant of the land on which Amerley was building from the La Stool. They produced a document executed by the La Mantse and his elder for the company. Amerley and her mother have consulted you. What are their chances if they go to court? Support your opinion with decided cases and reference to text writers.
(40 marks)
