Topic: Tort

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  • 10 Marks

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.

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)

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  • 10 Marks

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.

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)

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  • 8 Marks

BCL – Nov 2020 – L1 – Q4a – Tort

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

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)

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  • 8 Marks

BCL – Nov 2020 – L1 – Q4a – Tort

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

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)

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  • 20 Marks

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.

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)

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  • 20 Marks

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.

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)

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  • 10 Marks

BCL – May 2020 – L2 – Q1c – Tort

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

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)

 

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  • 10 Marks

BCL – May 2020 – L2 – Q1c – Tort

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

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)

 

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  • 8 Marks

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.

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)

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  • 8 Marks

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.

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)

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  • 5 Marks

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.

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)

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  • 5 Marks

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.

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)

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  • 2 Marks

BCL – Nov 2018 – L1 – Q1e – Tort

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

State TWO (2) elements of Professional Negligence.

(2 marks)

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  • 2 Marks

BCL – Nov 2018 – L1 – Q1e – Tort

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

State TWO (2) elements of Professional Negligence.

(2 marks)

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  • 2 Marks

BCL – Nov 2018 – L1 – Q1d – Tort

Define professional negligence in the context of tort law.

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

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  • 2 Marks

BCL – Nov 2018 – L1 – Q1d – Tort

Define professional negligence in the context of tort law.

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

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  • 6 Marks

BCL – May 2018 – L1 – Q2c – Tort

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

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)

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  • 6 Marks

BCL – May 2018 – L1 – Q2c – Tort

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

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)

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  • 10 Marks

BCL – Nov 2017 – L1 – Q3b – Contract Law, Tort

Explain the differences between contract law and tort law, including their definitions and key distinctions.

b) Both tort and contract laws are considered part of the civil law (as opposed to criminal law). However, there are several differences between these two branches of civil law.

Required:
i) Explain law of contract and law of tort. (6 marks)
ii) State TWO differences between law of contract and law of tort. (4 marks)

(Total: 10 marks)

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  • 10 Marks

BCL – Nov 2017 – L1 – Q3b – Contract Law, Tort

Explain the differences between contract law and tort law, including their definitions and key distinctions.

b) Both tort and contract laws are considered part of the civil law (as opposed to criminal law). However, there are several differences between these two branches of civil law.

Required:
i) Explain law of contract and law of tort. (6 marks)
ii) State TWO differences between law of contract and law of tort. (4 marks)

(Total: 10 marks)

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  • 10 Marks

BCL – Nov 2017 – L1 – Q3a – Tort, Contract Law

Discuss whether an investor can take action against an investment company for negligent advice leading to financial loss.

a) Bobo Company Limited puts up an advert in the ‘Daily Times’ newspaper inviting members of the public to purchase shares. Mr. Kobina Fosu, an investor, decided to purchase some of the shares. He consulted an investment firm to advise on whether or not he should purchase the shares of the company. The investment firm advised Mr. Kobina Fosu that the company was buoyant and that its capital base was strong and attractive. As a result, Mr. Kobina Fosu bought a substantial number of shares of the company. Two months after the purchase of the shares, however, the company went bankrupt.

Required:
What advice, if any, will you give to Mr. Kobina Fosu? (10 marks)

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  • 10 Marks

BCL – Nov 2017 – L1 – Q3a – Tort, Contract Law

Discuss whether an investor can take action against an investment company for negligent advice leading to financial loss.

a) Bobo Company Limited puts up an advert in the ‘Daily Times’ newspaper inviting members of the public to purchase shares. Mr. Kobina Fosu, an investor, decided to purchase some of the shares. He consulted an investment firm to advise on whether or not he should purchase the shares of the company. The investment firm advised Mr. Kobina Fosu that the company was buoyant and that its capital base was strong and attractive. As a result, Mr. Kobina Fosu bought a substantial number of shares of the company. Two months after the purchase of the shares, however, the company went bankrupt.

Required:
What advice, if any, will you give to Mr. Kobina Fosu? (10 marks)

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  • 12 Marks

BCL – Nov 2017 – L1 – Q2b – Tort, Contract Law

Advise on a case of professional negligence where incorrect business advice led to financial loss.

b) Zealow & Associates is a consultancy firm of Accountants. Kingsley Gyeabour, a prospective businessman, has decided to establish a fuel filling station. He sought the professional advice of the consultancy firm, which advised that based on their assessment, the turnover for a day’s sale would be 1200 gallons of ordinary petrol and 1000 gallons of diesel. Relying on the firm’s statement, Gyeabour established the filling station. He later realized that the actual turnover was 100 gallons of petrol and 200 gallons of diesel. Gyeabour intends to sue and seeks your advice.

Required:
Advise Gyeabour. (12 marks)

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  • 12 Marks

BCL – Nov 2017 – L1 – Q2b – Tort, Contract Law

Advise on a case of professional negligence where incorrect business advice led to financial loss.

b) Zealow & Associates is a consultancy firm of Accountants. Kingsley Gyeabour, a prospective businessman, has decided to establish a fuel filling station. He sought the professional advice of the consultancy firm, which advised that based on their assessment, the turnover for a day’s sale would be 1200 gallons of ordinary petrol and 1000 gallons of diesel. Relying on the firm’s statement, Gyeabour established the filling station. He later realized that the actual turnover was 100 gallons of petrol and 200 gallons of diesel. Gyeabour intends to sue and seeks your advice.

Required:
Advise Gyeabour. (12 marks)

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  • 12 Marks

BCL – Dec2022 – Q2a – Tort, Agency

Discuss the legal implications of a negligent misstatement and the effects of an agent acting without authority.

A firm of chartered accountants prepared the financial statements of Highskies Ltd knowing that the company was going to use the report to persuade Dr. Kwesi Antwi, a prospective investor, to invest money in Highskies Ltd. Relying on the accounts, Dr. Kwesi Antwi invested two million Ghana Cedis (GH¢2,000,000) in the company. However, a year later, the company collapsed. Dr. Kwesi Antwi, therefore, decided to take legal action against the firm of chartered accountants.

Required:
i) Advise whether Dr. Kwesi Antwi’s legal action in court will be successful. (3 marks)
ii) State THREE (3) effects of an agent acting without authority. (6 marks)
iii) Explain the phrase “term of Contract.” (3 marks)

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  • 12 Marks

BCL – Dec2022 – Q2a – Tort, Agency

Discuss the legal implications of a negligent misstatement and the effects of an agent acting without authority.

A firm of chartered accountants prepared the financial statements of Highskies Ltd knowing that the company was going to use the report to persuade Dr. Kwesi Antwi, a prospective investor, to invest money in Highskies Ltd. Relying on the accounts, Dr. Kwesi Antwi invested two million Ghana Cedis (GH¢2,000,000) in the company. However, a year later, the company collapsed. Dr. Kwesi Antwi, therefore, decided to take legal action against the firm of chartered accountants.

Required:
i) Advise whether Dr. Kwesi Antwi’s legal action in court will be successful. (3 marks)
ii) State THREE (3) effects of an agent acting without authority. (6 marks)
iii) Explain the phrase “term of Contract.” (3 marks)

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