GHANA SCHOOL LAW
(BOARD OF LEGAL EDUCATION)
ENTRANCE EXAMINATION TO THEY PROFESSIONNAL LAW COURSE
JULY 25, 2014
TIME: 2 HOURS 9 a.m. – 11 a. m.
SECTION A
INSTRUCTIONS: ANSWER ALL QUESTIONS IN THE SECTION BY TICKING (V) THE CORRECT ANSWER. CANDIDATES WHO TICK MORE THAN ONE ASTHER OR DO OTHERWISE THAN TICK AN ANSWER WILL LOSE THE MARK FOR THAT QUESTION. INSERT THIS QUESTION PAPER INTO YOUR ANSWER BOOKLET.
Q1 “The ideals or notions comprehended by the term command are following. (1) A wish or desire conceived by a rational being, that another rational being shall do or forbear. (2) An evil to proceed from the former, and to be incurred by the latter, in case the latter comply not with the wish. (3) An expression or intimation of the wish by words or other signs. ’Who made this stamen?
(a) Hans kelsen
(b) John Austin
(c) R. M. Dworkin
(d) H.L. A. Hart
Q2 This of the following principles of law was established by the Supreme Court in SG-SSB v Hajaara Farms Ltd. [2012]?
(a) The principle of concurrent liability in contract and tort.
(b) The principle that liability in contract is separate from liability in tort.
(c) The principle that a lion agreement can be abrogated by party granted the loan on payment of a penalty.
(d) The principle that loan agreement can be abrogated at the instance of the bank without incurring any liability.
Q3. Wayo obtained judgement against Yomi for GHC15,000.00 with 10% interest. Yomi asked for time to pay. Wayo and Yomi agreed that if Yomi paid GHC5, 000.00 immediately and the rest by instalments he will not insist on the interest. Yomi complied with the tenns of this agreement but now wayo has brought actibn in court to recover the interest. Can Wayo change his mind and demand the interest?
(a) Yes part payment of a debt is not binding on the promisor unless supported by some fresh consideration coming from the promise.
(b) No, part payment of a debt shall not be invalid as a contract by reason only of absence of any contract by reason only of absence of any consideration coming from the promise.
(c) No, Wayo is estopped from insisting on his strict legal rights after promising to waive the interest and Yomi relying on that promise.
(d) Yes, because Yomi has not fully paid the judgement debt.
Q4. Article 115 of the 1992 Constitution provides that;
“There shall be freedom of speech, debate and proceedings in parliament and that freedom shall not be impeached or questioned in any court or place out of parliament” Does this means that?
(a) Members of parliament cannot be sued for anything they say as members of Parliament in their constituencies? ‘ .
(b) Members of Parliament cannot be sued for anything they say on the floor of Parliament?
(c) Members of Parliament cannot be sued for anything they say anywhere in Ghana for as long as they remain MPs?
(d) Members of Parliament cannot be sued for anything they say within the precincts of Parliament
Q5. Kofi Kantaka, aged 17 years, an army recruit, whilst training in Burma camp, Accra, dictated to his Sergeant-Major: ‘Tn the event of my death while in the army, I desire all my effects to be given to my sister, Yaa Baby”. This document was signed by kofi and attested by Sergeant-General. Two weeks later Kofi died in a car crash. Which of the following statements will apply to the validity or otherwise of the document?
(a) The document is valid armed forces will although not in the handwriting of Kofi and attested by a single witness
(b) The document is invalid as1 armed forces will because it was not attested by two witnesses
(c) Kofi was not engaged in active military service hence he is incapable of making of an armed forces will
(d) Kofi was under 18 years hence incapable of making a will.
Q6. One of the advantages that detinue has over conversion is that;
(a) Damages in contract are available in detinue;
(b) A plaintiff may sue in detinue, even if the goods in issue are no longer in the possession of the Defendant;
(c) Detinue is both tort and a crime;
(d) The period of limitation under the Limitation Act 1972 is longer for detinue than for conversion.
Q7. Two witnesses to a will were father and son. Testator signed his will in the presence of the father, who then attested the document. Later the son was called in and the testator and the father acknowledged their signature in the presence of the son who then signed the will. Which of the following statements capiures the situation?
(a) The will is valid because two witnesses have signed.
(b) The will is valid because the testator acknowledged his signature before the two witnesses.
(c) The will is invalid because the testator’s signature had not been acknowledged to the two witnesses together at the same time
(e) The will is invalid because the witnesses did not acknowledge their signatures to one another at the same time
Q8. In Coleman v Shang [1959], the then Court of Appeal, held with regard to the testamentary capacity of a Ghanaian that:
(a) A Ghanaian who married under the Marriage Ordinance is deprived of the right to make a valid nuncupative will (‘samansiw’).
(b) A Ghanaian who married under the marriage ordinance is not deprived of the right to make a valid nuncupative will (‘samansiw’).
(c) A Ghanaian who married under the marriage Ordinance can only make a will in accordance with English law existence on 24 July 1874.
(d) A Ghanaian who married under the marriage Ordinance can only make a will in accordance with the English Wills Act 1837.
Q9. Which of the following statement most closely describes what John Selden meant when he described the nature of equity as skin to the length of “a Chancellor’s foot”?
(a) Equity responds to the individual facts of cases rather than applying general rules.
(b) Equity was governed by the religious morality of hte time.
(c) Equity was subject to the discretionary standards of each new chancellor.
(d) Equity operates on the whims and caprices of the chancellor.
Q10. A special feature of joint tenancy is the right of survivorship or ius accrescendi. This means that:
(a) If one joint tenant dies, his or her interest in the property will pass to his or her male heirs;
(b) If one joint tenant dies, his or her interest in the property will pass to the surviving joint tenants successively until there is only one tenant left who then becomes the sole owner of the property.
(c) If one joint tenant dies, his or her interest in the property becomes severed and the property becomes a tenancy in common;
(d) If one joint tenant dies, his or her interest in the property will pass in accordance with the succession rules on death intestate.
Q11. How do courts determine whether a person is an employee for the purpose of vicarious liability?
(a) The courts will look at to what extent the purported employee is integrated into the employer’s business.
(b) The courts will look at the extent to which the employer controls where the purported employee works, what he does and how he does it.
(c) The courts will look at how the purported employee is classified in his contract.
(d) The courts will take into account all the facts of the case in order to determine whether or not a person is a employee.
Q12. The equitable remedy of rectification will be granted on the existence of certain factors. Which of the following is not one of them?
(a) It must relate to a written contract.
(b) It must look at the intension that an instrument would have a certain effect.
(c) It must look at the intention that the instrument adopts a certain form.
(d) It must relate to the continuance of the common intentions of the parties.
Q13. Which of the following statements is not true?
(a) The defence of self-defence only applies to torts involving trespass to the person.
(b) The defence of volenti non fit injuria applies to all torts.
(c) The defence of contributory negligence applies to all torts.
(d) The defence of illegality can apply to all torts.
Q14. What is ex turpi causa non oritur action?
(a) The rejection of the plaintiffs action on the ground that he was engaged in an illegal act when he sustained the loss.
(b) The reduction of the plaintiffs damage on the ground that he contributed to the loss that he suffered.
(c) The rejection of the plaintiffs action on the ground that he voluntarily assumed the risk of loss
(d) The rejection of the plaintiffs action on the ground that he did not commence proceedings in a timely manner.
Q15. Nulla poena sine lege – no punishment unless by law.
This maxim connotes that:
(a) Ne crimes can be introduced which operate retrospectively do as to criminalise behaviour that was lawful at the time it took place;
(b) No new crimes can be introduced which operate retrospectively so as to criminalise behaviour that was lawful at the time it took place.
(c) Students may not be punished at school;
(d) Members of an unincorporated association cannot be sanctioned by their executive.
Q16. Ayitey agrees to sell poison to Ablade. Ablade brings it into Bortianor’s room intending there to mix it with Bortianor’s drink but abandons the process and throws aways the mixture. Ablade may be guilty of:
(a) Conspiracy to commit an offence.
(b) Attempt to commit an offence.
(c) Preparation to commit an offence.
(d) No offence
Q17. Why is the doctrine of promissory estoppels developed in England in relation to the modification of existing contracts not needed in the Ghanaian jurisdiction?
(a) Because the common law of Ghana is different;
(b) Because of section 8(2) and 9 of the Contracts Act, 1960 (Act 25)
(c) Because of the presence of customary law in the Ghanaian legal system;
(d) Because, according to the Ghanaian value system, only bargains should be enforced.
Q18. The Criminal Offence Act 1960 (Acts 29) was first enacted in:
(a) 1876
(b) 1892
(c) 1957
(d) 1960
Q19. In Sallah v Attorney-General (1970) which theory of law did the Attorney-General put forward in justifying the dimissal of the Plaintiff?
(a) The Marxist theory of law.
(b) The Austinian theory of law.
(c) The Pure theory of law.
(d) The Realst theory of law.
Q20. The case of J.H. Mensah v Attorney-General [1996-97] held that:
(a) The term of ministries automatically expired with the particular term of the President.
(b) Ministries who were re-nominated after serving a first term were not subject to prior parliamentary approval.
(c) Senior ministries were exempted from parliamentary approval.
(d) Ministries who are also members of the Parliamentary were not subject to parliamentary approval.
Q21 Which one of the following statements does not form part of A. V. Dicey’s explanation of the concept of rule of law?
(a) No man is punishable except for a distinct of the law.
(b) Absolute supremacy of regular law as opposed to the influence of arbitrary power.
(c) Effective enforcement of fundamental human rights.
(d) Everybody is equal before law.
Q22. Which of one the propositions below constitutes an element in a valid will, in accordance with the wills Act, 1971:
(a) A will need not be in writing and may be made orally in the presence at least one witness;
(b) The signature of the testator shall be made or acknowledged by the testator in the presence of two or more witness present at the same time;
(c) The signature of the testator shall be made or acknowledged by the testator in the presence of at least one witness;
(d) A will need not be witnessed, if all of beneficiaries under it are present at the time it is signed by testator.
Q23. Which of the propositions below does not represent one of the requirements of the tort of deceit:
(a) The defendant must make a careless statement that succeeds in misleading the plaintiff;
(b) The defendant must make a statement which he either knows to be false or makes recklessly, not caring whether it be true or false;
(c) The defendant must intend the plaintiff to act or refrain from acting on the basis of the representation he/she has made
(d) The plaintiff must have suffered damage as a result of his reliance on the Defendant’s representation.
Q24. In terms of the internal conflict rules under s. 54 of the Court Act 1993 (Act 459), what will be the ‘personal law’ of Ata, an offspring of a (matrilineal) Fante father and a (patrilineal) Ewe mother?
(a) Fante customary law
(b) Ewe customary law
(c) The common law of Ghana
(d) Any of the above by which the justice of the case warrants.
Q25. The exceptions to the general principle of customary land law that only the head of the family may sue or be sued in respect of family property was expanded by the Supreme Court in Re Ashalley Botwe Lands (2004). Which of the following is not one of the exceptions?
(a) If the head of the family failed, for any reason to sue to protect family property, an ordinary member may sue.
(b) An ordinary member of the family in his/her personal capacity may sue with the leave of the court to protect family property.
(c) An ordinary member of the family may sue to protect family property upon proof of necessity.
(d) Members of the family may authorize one of their numbers to sue to protect family property.
Q26.Under the Conveyancing Act 1973, certain covenants are implied into a lease on the part of lessor and the lessee. Which one of the following is not implied covenant?
(a) The lessor has the right to convey.
(b) The lessee covenants to pay rent.
(c) That the lessee shall have quiet enjoyment.
(d) That the lessee may unilaterally alter the demised premise.
Q27. In Tuffuor v Attorney-General, a particular judge said: “A Constitution such as ours must … embodies the will of a people. It is also mirrors their history. Account, therefore, needs to be taken of it as a landmark in a people’s search for progress. It contains within it their aspirations and their hopes for a better and fuller life The Constitution has its letter of the law. Equally, the Constitution has its spirit… its language must be considered as if it were a living organism capable of growth and development. A broad and liberal spirit is required for its interpretation……….. ”
Which judge uttered these words?
(a) Justice Apaloo;
(b) Justice Archer;
(c) Justice Sowah;
(d) Justice Amissah?
Q28.Which of the following is not a cannon or rule of construction?
(a) Expression unius est exclusio alterius;
(b) Ut res magisvaleat quam pereat;
(c) Eiusdem generis;
(d) Re ipsa loquitur.
Q29. Who wrote the following passage?
“There are therefore two minimum conditions necessary and sufficient for the existence of a legal system. On the one hand, these rules of behaviour which are valid according to the system’s ultimate criteria of validity must be generally obeyed, and, on the other hand, its rules of recognitions specifying the criteria of legal validity and its rules of change and adjudicating must recognition specifying the criteria of legal validity and its rules of change and its rules of change and adjudicating must be effectively accepted as common public standards of official behaviour by its officials.”
(a) Karl Llewellyn
(b) Oliver Wendell Holmes
(c) St Thomas Aquinas
(d) H. L. A. hart.
Q30. Section 31 Criminal Offences Act 1960 (Act 29) provides that force may be justified on certain grounds. Which of the following does not fit into the provisions of the section?
(a) Of the consent of the person against whom the force is used and which ends in death.
(b) Of a necessity for prevention of a criminal offence.
(c) Of a necessity for defence of property.
(d) Of a necessity for preserving order on board a vessel.
2014
SECTION B
ANSWER ONLY ONE QUESTION IN THIS SECTION
ALL QUESTIONS CARRY EQUAL MARKS.
Q1
The 2014 Constitution of the new Republic of Twiaa, for the purpose of this question is similar to
the 1992 Ghana Constitution) provides as follows:
Art 2. “A person who alleges that any act or omission of any person is inconsistent with or is in
contravention of a provision of the Constitution may bring an action in the Supreme Court for a
declaration to that effect.”
Art 60. “Where the President is unable to perform the functions of the President, the Speaker of
the People’s Assembly shall perform those functions until the President is able to perform those
functions or a new President assumes office as the case may be.”
On 20 July 2014, President Osabarima wrote to the Speaker of the People’s Assembly, Hon Kofi
Kasapereko that he travelling to Never Neverland on a state visit for two weeks and that in
accordance with the provisions of the Constitution he should act as President until his return. Hon
Kasapreko duly obliged and assumed the Presidency. Joe Kokonsa, a citizen of Twiaa, has consulted you a Ghanaian constitutional lawyer, to advise him as to whether he has locus stand under the Twiaa Constitution he should act as President until his return. Hon Kasapreko duly obliged and assumed the Presidency Joe Kokonsa, a citizen of Twiaa, has consulted you a Ghanaian constitution to bring an action in the Supreme Court to challenge the constitutionality of Hon. Kasapreko’s of powers as provided for under the 2014 Twiaa Constitution.
With reference to the relevant provisions of the Ghanaian Constitution and Ghanaian case law,
advise Kokonsa accordingly.
Q2
Kwasi Abebrese died intestate in 1970 age 75. He was survived by one brother, called Agya Kwadwo, and six sisters, who all had children. Kwesi’s mother was from Asomdweekrom, a matrilineal community. At the time of his death, Kwasi had extensive self-acquired properties, including his matrimonial home in Asomdweekrom, cocoa farms and several plots of land.
On Kwasi’s death Kwame a son of his eldest sister, who had been appointed Head of Family by Kwasi matrilineal family, took charge of Kwasi’s properties and administered them as family property. On Kwame’s death the family appointed Kofi, the son of another of Kwasi’s sisters, as Head of Family. He continued to administer Kwasi’s properties as part of the family property of Kwasi’s matrilineal family.
In 1980, Obrafo, son of Ag/a Kwadwo, claiming that Kofi was mismanaging the family property, has applied to the High Court for letters of administration over the properties left by Kwasi Abebrese. Kofi has come to you for advice on how to resist Obrefo’s claim. Advise Kofi.
Q3
Tom & Jerry Ltd. signed a contract with Flintstone and sons Ltd under which Tom & Jerry Ltd. were to pay an annual sum of GHC50, 000 to “any son of Bamy Flintstone, the majority shareholder in Flintstone & Sons Ltd. who attains the age of majority in is demanding the payment of the money to him. Tom & Jerry Ltd refuses to pay on the ground that not only does he lack contractual capacity but he was also neither a party to the contract nor a party to whose benefit the contract was made. Bainbam is of the view money despite not being a party to the contract.
In light of relevant case law and statutory provisions, discuss the respective positions of Tom &
Jerry Ltd. and Bambam.
