2017_2 TMA Solutions: CLL307 - Commercial Law

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2017_2 TMA Solutions: CLL307 - Commercial Law

Postby admin » Thu Apr 05, 2018 10:48 am

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1 A contract of Hire is synonymous with Hire-Purchase. Justify this assertion.

True


2 Goods not yet in existence, and goods in existence but not yet acquired by the seller at the point of making the contract are known as what?

Future Goods


3 Goods identified and agreed upon at the time the contract of sale was made are known as what?

Ascertained Goods


4 Goods that are owned and possessed by the seller at the time of contract are known as what?

Existing Goods


5 A voluntary and gratuitous transfer of any property from one person to another is known as what?

Gift


6 A transaction under which goods are delivered by one party (the bailor) to another (the bailee), on certain specified terms, which generally provide that the bailee is to have possession of the goods and subsequently redeliver then to the bailor in accordance with his instruction is known as what?

A bailment


7 􀳦??A contract whereby the seller transfers or agrees to transfer the property in goods to the buyer for a money consideration called the price􀳦?􀳦 is known as what?

Sale of Goo ds


8 In which of the following cases did the following fact occurred? A sale of 200 tons of potatoes to be grown on a piece of land which was held to be a sale of specific goods, despite the fact that they were not existing goods.

HOWELL V COUPLAND (1876)


9 In which case was it held, inter alia, that it is the duty of an agent to carry out any instructions that may be given to him by the principal and cannot depart from such instructions even though he reasonably believed that in doing so he was promoting the interest of the principal?

Eso West African INC. V Ali (1968)


10 In which of the following cases did the Court, hold that 􀳦??􀳦??the prudence which an agent is expected to show in the affairs of his principal requires that he should not involve the principal in a heavier financial burden where there is available means of involving him in a higher financial burden􀳦??
􀳦???

Spiropolous Co. Ltd. V Nigeria Rubber & Co. Ltd (1970)


11 In which of the following case was it held that 􀳦??􀳦??once the relationship of principal and agent is established, and the agent fails to keep proper account or fails to account to the principal for monies or properties received by him in the cause of his agency, he is accountable to such a principal and can be compelled to render such account by an action in a court for an account.􀳦??􀳦???

Majekodunmi V Joseph Daboul Ltd. (1975)2 C.C.H.C.J. 1 61


12 Which of the following is part of the Remedies Available to the Principal?

Dismissal
Rescission and Damages
Action for Account
***All of the above


13 Which of the following is one of the Ways of Terminating Agency?

Operation of Law


14 Which of the following Remedies is available to the Agent?

Damages
Right of S et-Off
Right of Lien
***All of the above

15 An Agent who is authorized to act for and on behalf of his principal on or for special occasion is addressed as what?

Special Agent


16 An agent􀳦??s instructor whose existence and identity is known to the third party at the time of entering into a contract with an agent is known as who?

Disclosed Principal


17 An agent having authority to sell or to consign goods for the purpose of sale, or to buy goods or to raise money on the security of goods is addressed as who?

Mercantile Age nt


18 An agent to whom certain goods have been consigned for a foreign principal?


Commissioned Ag ent


19 An Agent who is authorized to act for and on behalf of his principal in all his affairs in connection with a particular kind of business, trade or profession or who represents him in the ordinary course of his own trade, business or profession, as agent is addressed as what?

General Agent


20 The instructor of an agent whose existence and identity is unknown to the third party at the time of entering into a contract with an agent is known as whom?

Undisclosed Principal







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Re: 2017_2 TMA Solutions: CLL307 - Commercial Law

Postby admin » Thu Apr 05, 2018 10:57 am

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1 Remuneration, Re-Imbursement and Indemnity are not part of the expectation of Principal towards the Agent. Justify this assertion.

Not Corre ct


2 􀳦??􀳦??An agent is not expected to keep and to render appropriate account of his stewardship to his principal whether or not he is called upon to do so􀳦?􀳦. Justify this assertion.

Not Correct


3 What occurs in a situation where a supposed agent portrays himself to be representing a supposed principal whose consent he might not have secured and the principal on becoming aware of this assented to the transaction?

Agency by Ratif ication

4 􀳦??When a person behaves in such a way as to lead another person to believe that he has authorized a third person to act on his behalf and that other person in such belief, enters into transaction with the third person within the scope of such ostensible authority, the first mentioned person would be stopped from denying the fact of the first person􀳦??s agency􀳦??􀳦?? What principle of law in agency is being explained here?

Agency by E stopell


5 􀳦??When a person behaves in such a way as to lead another person to believe that he has authorized a third person to act on his behalf and that other person in such belief, enters into transaction with the third person within the scope of such ostensible authority, the first mentioned person would be stopped from denying the fact of the first person􀳦??s agency􀳦??􀳦??. Where was this statement made?

Lukan V Ogunnusi (1972)5 S.C. 40


6 􀳦??In the ordinary law of Agency, the paradigm is that in which the agent and the principal agree that one should act for the other. And the term 􀳦??agency􀳦?􀳦 is assigned to this basic principle which involves consent of both parties􀳦??􀳦?? Who is credited with this assertion?

Akanbi, JC A


7 Where was it stated that 􀳦??In the ordinary law of Agency, the paradigm is that in which the agent and the principal agree that one should act for the other. And the term 􀳦??agency􀳦?􀳦 is assigned to this basic principle which involves consent of both parties􀳦??􀳦???

AYUA V ADASU & ORS (1992)3 N.W.L.R. 5 98


8 A mercantile agent who, in the ordinary course of his business is employed to make contact with third parties for the purchase of goods, or property or for the sale of his principal􀳦??s goods or property of which he is not entrusted with possession or document of title thereto is known as who?

Broker


9 Who is credited with the statement 􀳦??􀳦??􀳦??Factor􀳦?􀳦 is a person to whom goods are
consigned for sale by a merchant residing abroad or at a distance away from the place of sale and who normally sells in his own name without disclosing that of his principal􀳦??􀳦???

Abbot C. J


10 The definition of 􀳦??Factor􀳦?􀳦 as a person to whom goods are consigned for sale by a merchant residing abroad or at a distance away from the place of sale and who normally sells in his own name without disclosing that of his principal was made in which of the following cases?

BARRING V CORRIE (18 18)2 B & AID. 137


11 Factors, Brokers and Del Credere Agents are all types of

Mercantile Agent


12 An agent having authority to sell or to consign goods for the purpose of sale, or to buy goods or to raise money on the security of goods is addressed as what?

Mercantile Agent


13 Which of the following is not a theory of Agency?

The power-liability theory
The consent theory
The qualified conse nt theory
***None of the above


14 􀳦??The relationship between one person having authority to act, and having consented to act on behalf of another, in contractual relations with a third party􀳦??􀳦?? is known as what?

Agency


15 How true is this assertion 􀳦??􀳦??a breach condition entitles the parties to treat the whole contract as discharged, while a breach of the warranty merely entitles the other party to claim damages􀳦??􀳦???

Very Correc t


16 In which case was it proved that, by a local custom, a tenant was bound to farm according to a
certain course of husbandry and that, on quitting his tenant, he was entitled to a fair allowance for seed and labour on the arable land?

Hutton V Warren (1836)1 M and W 466


17 In which case was it held that when spouses are not living in amity, particularly when their
relationship has degenerated to the level of mutual hostility and distrust, an agreement between them would be binding?

MCGregor V Mc Gregor (1888)21 Q.B.D . 424


18 Which of the following is a rule of Consideration?

Must be real and for value
Must be legal
Need not be a dequate
***All of the above


19 Which Court has the original jurisdiction in respect of Election petitions arising from election to the office of President or Vice-President, their term of office and vacancy of the office?

The Appeal Court


20 How many types of consideration do we have in law?

Two





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Re: 2017_2 TMA Solutions: CLL307 - Commercial Law

Postby admin » Thu Apr 05, 2018 11:00 am

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1 In which case was a judicial definition of consideration given?

Curie V Misa (187 5)


2 When is offer by post deemed to get to the notice of the other party and acceptance complete?

By Mere Posting


3 What occurs when the offeree indicates his intention and willingness to take up the offer and decides to be bound by the terms of the offer?

Acceptance


4 What will you use to describe the withdrawal of an offer in law?

Revocation


5 The decision that a plaintiff cannot accept an offer unless he is aware of it was held in which case?

FitchV Sneadaker (1868)


6 In what ways can an offer be made?

Expressly or by conduc t (impliedly)


7 What is the core of the decision reached in the case of Carlil V Carbolic Smoke Ball CO. (1893)1 Q.B.253?

There is no limit to the number of people to whom an offer can be made


8 A definite undertaking or promise, made by one party with the intention that it shall become binding on the party making it as soon as it is accepted by the party to whom it is addressed is known as what?

Offer


9 Offer, Acceptance, Consideration, Intention to create legal relations forms part of

The basic ingredients of a contract



10 Which Court is standing at the apex of the hierarchy of courts in the state?

The High Court


11 Which Court deals with, Matters arising from the operation of Companies and Allied Matters Act and other Allied, Copyright, and Admiralty?

The Federal High C ourt


12 Which Court is saddled with the responsibility of Relating to the revenue of the Federal Government, Taxation of companies and persons subject to Federal Taxation and Customs and excise duties, claims against customs service?

The Federal High C ourt


13 From which Court did the Federal High Court took it􀳦??s origin from?

The then Federal Revenue Court


14 What is the relationship of The Federal High courts to the State High Courts?

Both are of cordinate jurisdiction


15 What makes The Court of Appeal to be a very important Court in the machinery of justice in
Nigeria?

Have its divisions closer to th e states


16 Appeals shall lie as of right from the decisions of the Code of Conduct Tribunal to which Court?

The Court of Appea l


17 Appeal from the Sharia Court of Appeal of a State in any civil proceedings shall go to which Court?

The Court of Appeal


18 Appeals to the Court of Appeal may be classified into how many?

Two


19 Which Court has the original jurisdiction in respect of Election petitions arising from election to the office of President or Vice-President, their term of office and vacancy of the office?

The Appeal Court


20 Which Court has original jurisdiction over any dispute between the Federation and a state, or
between states if and in so far as that dispute involves any question(whether law or fact) on which the existence or extent of a legal right depends?

The Supreme Court




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Re: 2017_2 TMA Solutions: CLL307 - Commercial Law

Postby admin » Thu Apr 05, 2018 11:02 am

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1 Which Court is saddled with the duty of holding an inquest whenever there is lying in his district the body of a deceased person who died a violent or unnatural death or a sudden death of which the cause is unknown?

The Coroners􀳦?? Co urt


2 Which Law Establishes the first law on coroners􀳦?? inquest in Nigeria?

The Coroners Ordinance 1944


3 Which law provides for the first enactment of Juvenile Courts in Nigeria?

The Children and Young Persons Ordinance1943


4 How many classes of justices of the Peace do we have

2


5 The Magistrate courts exercising only civil jurisdiction in the Northern Nigeria is known by which name?

The District Courts


6 What is the most unique provision of the 1954 Federal Constitution?

Each region was empowered to establish its own court.


7 From the reforms carried out by Sir Donald Cameron the then Governor of Nigeria, which of the following courts was established in Nigeria:

The Native Courts
The Supreme Cour t
The West African C ourt of Appeal
***All of the above


8 Which of the following is one of the Courts established after amalgamation of the country?

Provincial Courts


9 How many courts were established after Amalgamation?

3 Courts


10 Which of the following is one of the major characteristics of reference materials?

The materials are meant to be consulted in the library only
The library usually buys one copy or in rare cases two copi es
They are housed in a separate section within the library
***All of the above


11 The section where the library staff provides bibliographic services to the library patrons is known as what?

Reference Department


12 Where books and other materials are acquired and processed in the library is known as what?

Acquisitions Departme nt


13 Which of the following is a Functions of Catalogue?

Allows access to the collection and provides service to it s users.
Enables you to easily find a book or other library
It enables you to know all the works of a given au thor held in the library and editions of any work
***All of the above


14 Justify the assertion 􀳦??􀳦?? Law libraries are the only resource very essential to the proper study of law􀳦??􀳦??.

Not Corre ct


15 Which of the following is not a reason for studying the source of Law?

It affords an understanding of the law which is most effective to arrest insurgency


16 Which of the following is not a Statutory Material?

Nigerian Law Report


17 Laws passed by the Legislative body during the colonial era are referred to as

Ordin ances


18 Ordinances, Acts, Laws, Decrees and Edicts are known to form part of which of the following?

The Primary Source of Law


19 Who are those saddled with the responsibility of making Statutes?

The Legislators


20 Subsidiary legislations are also known as what?

Delegated Legislations




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Re: 2017_2 TMA Solutions: CLL307 - Commercial Law

Postby admin » Thu Apr 05, 2018 11:03 am

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1 Which Court is saddled with the duty of holding an inquest whenever there is lying in his district the body of a deceased person who died a violent or unnatural death or a sudden death of which the cause is unknown?

The Coroners􀳦?? Co urt


2 Which Law Establishes the first law on coroners􀳦?? inquest in Nigeria?

The Coroners Ordinance 1944


3 Which law provides for the first enactment of Juvenile Courts in Nigeria?

The Children and Young Persons Ordinance1943


4 How many classes of justices of the Peace do we have

2


5 The Magistrate courts exercising only civil jurisdiction in the Northern Nigeria is known by which name?

The District Courts


6 What is the most unique provision of the 1954 Federal Constitution?

Each region was empowered to establish its own court.


7 From the reforms carried out by Sir Donald Cameron the then Governor of Nigeria, which of the following courts was established in Nigeria:

The Native Courts
The Supreme Cour t
The West African C ourt of Appeal
***All of the above


8 Which of the following is one of the Courts established after amalgamation of the country?

Provincial Courts


9 How many courts were established after Amalgamation?

3 Courts


10 Which of the following is one of the major characteristics of reference materials?

The materials are meant to be consulted in the library only
The library usually buys one copy or in rare cases two copi es
They are housed in a separate section within the library
***All of the above


11 The section where the library staff provides bibliographic services to the library patrons is known as what?

Reference Department


12 Where books and other materials are acquired and processed in the library is known as what?

Acquisitions Departme nt


13 Which of the following is a Functions of Catalogue?

Allows access to the collection and provides service to it s users.
Enables you to easily find a book or other library
It enables you to know all the works of a given au thor held in the library and editions of any work
***All of the above


14 Justify the assertion 􀳦??􀳦?? Law libraries are the only resource very essential to the proper study of law􀳦??􀳦??.

Not Corre ct


15 Which of the following is not a reason for studying the source of Law?

It affords an understanding of the law which is most effective to arrest insurgency


16 Which of the following is not a Statutory Material?

Nigerian Law Report


17 Laws passed by the Legislative body during the colonial era are referred to as

Ordin ances


18 Ordinances, Acts, Laws, Decrees and Edicts are known to form part of which of the following?

The Primary Source of Law


19 Who are those saddled with the responsibility of making Statutes?

The Legislators


20 Subsidiary legislations are also known as what?

Delegated Legislations




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