Law of Tort & Contract-2020

UNIVERSITY OF MINES AND TECHNOLOGY
LAW OF CONTRACT AND TORT

MA/CE/MC/EL/MR/PE/ES/GM/GL/MN466
END OF SEMESTER EXAMINATION-2019/2020
SECOND SEMESTER
COURSE LECTURERS: DR. J.D. NYEADI (CA) & LAWYER D. K.
GYAPONG
SPECIFIC INSTRUCTIONS
1. You have 2 HOURS to submit your scripts

2. Answer ALL Questions in section A by circling the right answer
3. Use the answer booklet for the section B
4. Make sure your index/ID number and programme are written on both the question paper and the
answer booklet
5. Insert the question paper into the answer booklet before submitting your script
6. If you take the question paper out of the exams room, your script will not be marked
INDEX/ID ……………………………………………………………………….
PROGRAMME …………………………………………………………………….
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SECTION A
1. The taking back of an offer by the offeror is d. implied

a. revocation
b. rejection
c. cancellation 7. The offeree’s refusal, or ______________, of
d. consideration an offer ends that offer.
a. rejection
2. A contract that amounts to nothing and has no b. revocation
legal effect is c. implication
a. bilateral d. expression
b. voidable
c. void 8. An offer must be definite, communicated to the
d. unilateral offeree, and ____________________.
a. signed
3. A contract that contains a promise by both b. implied
parties is c. seriously intended
a. express d. timely
b. implied
c. bilateral 9. A deliberate deception to secure unfair or
d. unilateral unlawful gain is
a. misrepresentation
4. A(n) ________________ occurs when one b. libel
party to a contract does not do what he or she c. unilateral mistake
agreed to do. d. fraud
a. breach
b. fraud 10. Overcoming a person’s will through force is
c. consideration a. fraud
d. ratification b. duress
c. extortion
5. If a valid offer is met with a valid acceptance, d. ratification
the result is
a. misrepresentation
b. genuine agreement
c. legality 11. Dery persuaded his grandmother, Ayuo, to
d. capacity sell him her car for GHS10,000. They both knew
the car was worth much more than that. However,
6. People sometimes enter into Ayuo did not need the car anymore and loved her
_________________ contracts without saying a grandson, so she agreed to sell him the car. The
word. next day Ayuo found out that Dery was planning
a. voidable to sell the car to a friend for GHS15,000.
b. express Ayuo can avoid the contract because of:
c. unenforceable a. duress
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b. fraud a. rejected
c. undue influence b. avoided
d. mistake c. discharged
d. unenforceable
12. A legal means of enforcing a right or 18. Illegal agreements are

correcting a wrong is a(n) a. voidable
a. breach b. void
b. remedy c. limited
c. avoidance d. enforceable
d. beneficiary
19. A promise not to compete is
13. A minor who claims to be over the age of a. price-fixing
majority commits b. restraint of trade
a. fraud c. usury
b. misrepresentation d. a restrictive covenant
c. extortion
d. larceny 20.As long as all terms have been carried
out properly and completely, the contract is
14. A minor would be held responsible for the fair discharged by _______________. (This is
value of which of the following? the most common way contracts are
a. athletic shoes discharged.)
b. CDs a. agreement
c. medical care b. avoidance
d. video games c. performance
d. exaction
15. After reaching the age of majority, a person
may _________________________ a contract 21. Damages agreed upon by the parties when
made during minority by using, selling, or they first enter into a contract are called
keeping the item, or by making payments. _________
a. confirm a. actual damages
b. disaffirm b. incidental damages
c. anticipatory damages
c. sign
d. liquidated damages
d. ratify
22. In every battery committed in tort, there is
16.Consideration in a contract means that:
a. self-imprisonment
a. A person has the mental capacity to enter into a
b. assault
contract. c. trespass to land
b. The two parties deal with the contract in a d. trespass to goods
polite manner.
c. The contract is legal and fully valid. 23. Any act of the defendant, which is directly and
d. Something of value is being exchanged by the intentionally, causes the plaintiff to immediately
two parties. apprehend a contact with his person or a deliberate
threat is known as __________
17.When contracts eventually end, they are a. assault
said to be b. battery
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c. self-imprisonment 27. All the following are requirements for
d. vicarious liability establishing duty of care in negligence except.
a. The claimant must be injured
b. The claimant must be foreseeable
c. There must be relationship proximity with the
24. A situation where a person is liable for the claimant
harm caused by another due to relevant d. It must be fair, just and reasonable
relationship between them is called _______
a. assault liability 28. All these liabilities are actionable per se
b. negligence liability except.
c. nuisance liability a. assault
d. vicarious liability b. battery
c. self-imprisonment
25. To succeed in negligence liability, the d. nuisance
claimant must prove all the following except.
a. that the defendant owed him a duty of care 29. Which of the following is not a form of Nonus
b. that the defendant was in breach of that duty of actus interveniens?
care a. an artificial events
c. that the claimant has a title to land b. a natural event
d. That the claimant suffered damages which are c. an act of a third party
not too remote. d. an act of the claimant
26. Which of the following cases establishes a 30. _______ is a Latin phrase, which means “to
duty of care using the ‘neighbour test’? the willing, no injury is done”.
a. Rylands V Fletcher a. vicarious liability
b. Donoghue V Steveson b. Novus actus interveniens
c. Bird V Coke c. volenti non fit injuria
d. Carlill V carbonic Smoke Ball d. negligence
SECTION B
Answer only two questions in all
1. Discuss five (5) ways through which an offer can be terminated [15mks]
2. Distinguish briefly between the following:
A) Warranty and condition [3mks]

B) Unilateral Contract and Bilateral Contract [3mks]
C) Trespass to goods and trespass to persons [3mks]
D) Offer and Invitation to treat [3mks]
E) Duress and Undue Influence [3mks]
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3. Using cases discuss five (5) factors taken into account when determining whether a defendant’s act or
omission is below the standard of the reasonable man test in negligence. [15mks]
5|Page

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UNIVERSITY OF MINES AND TECHNOLOGY

LAW OF CONTRACT AND TORT

1. You have 2 HOURS to submit your scripts

1. The taking back of an offer by the offeror is d. implied

12. A legal means of enforcing a right or 18. Illegal agreements are

A) Warranty and condition [3mks]

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