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Tuesday, August 7, 2018

ACC307 TMA SOLUTION

ACC307 List of Questions

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Q1 A contract of Hire is synonymous with Hire-Purchase. Justify this assertion.





Q2 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?





Q3 Goods identified and agreed upon at the time the contract of sale was made are known as what?





Q4 Goods that are owned and possessed by the seller at the time of contract are known as what?





Q5 A voluntary and gratuitous transfer of any property from one person to another is known as what?





Q6 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?





Q7 “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?





Q8 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.





Q9 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?





Q10 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’’?





Q11 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.’’?





Q12 Which of the following is part of the Remedies Available to the Principal?





Q13 Which of the following is one of the Ways of Terminating Agency?





Q14 Which of the following Remedies is available to the Agent?





Q15 An Agent who is authorized to act for and on behalf of his principal on or for special occasion is addressed as what?





Q16 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?





Q17 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?





Q18 An agent to whom certain goods have been consigned for a foreign principal?





Q19 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?





Q20 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?





Q21 Remuneration, Re-Imbursement and Indemnity are not part of the expectation of Principal towards the Agent. Justify this assertion.





Q22 ‘’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.





Q23 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?





Q24 “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 estopped from denying the fact of the first person’s agency’’ What principle of law in agency is being explained here?





Q25 “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 estopped from denying the fact of the first person’s agency’’. Where was this statement made?





Q26 “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?





Q27 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’’?





Q28 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?





Q29 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’’?





Q30 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?





Q31 Factors, Brokers and Del Credere Agents are all types of ………………………………….?





Q32 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?





Q33 Which of the following is not a theory of Agency?





Q34 “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?





Q35 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’’?





Q36 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?





Q37 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?





Q38 Which of the following is a rule of Consideration?





Q39 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?





Q40 How many types of consideration do we have in law?





Q41 In which case was a judicial definition of consideration given?





Q42 When is offer by post deemed to get to the notice of the other party and acceptance complete?





Q43 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?





Q44 What will you use to describe the withdrawal of an offer in law?





Q45 The decision that a plaintiff cannot accept an offer unless he is aware of it was held in which case?





Q46 In what ways can an offer be made?





Q47 What is the core of the decision reached in the case of CARLILL V CARBOLIC SMOKE LALL CO. (1893)1 Q.B.253?





Q48 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?





Q49 Offer, Acceptance, Consideration, Intention to create legal relations forms part of ………………………….?





Q50 Which Court is standing at the apex of the hierarchy of courts in the state?





Q51 Which Court deals with, Matters arising from the operation of Companies and Allied Matters Act and other Allied, Copyright, and Admiralty?





Q52 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?





Q53 From which Court did the Federal High Court took it’s origin from?





Q54 What is the relationship of The Federal High courts to the State High Courts?





Q55 What makes The Court of Appeal to be a very important Court in the machinery of justice in Nigeria?





Q56 Appeals shall lie as of right from the decisions of the Code of Conduct Tribunal to which Court?





Q57 Appeal from the Sharia Court of Appeal of a State in any civil proceedings shall go to which Court?





Q58 Appeals to the Court of Appeal may be classified into how many?





Q59 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?





Q60 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?





Q61 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?





Q62 Which Law Establishes the first law on coroners’ inquest in Nigeria?





Q63 Which law provides for the first enactment of Juvenile Courts in Nigeria?





Q64 How many classes of justices of the Peace do we have





Q65 The Magistrate courts exercising only civil jurisdiction in the Northern Nigeria is known by which name?





Q66 What is the most unique provision of the 1954 Federal Constitution?





Q67 From the reforms carried out by Sir Donald Cameron the then Governor of Nigeria, which of the following courts was established in Nigeria:





Q68 Which of the following is one of the Courts established after amalgamation of the country?





Q69 How many courts were established after Amalgamation?





Q70 Which of the following is one of the major characteristics of reference materials?





Q71 The section where the library staff provides bibliographic services to the library patrons is known as what?





Q72 Where books and other materials are acquired and processed in the library is known as what?





Q73 Which of the following is a Functions of Catalogue?





Q74 Justify the assertion ‘’ Law libraries are the only resource very essential to the proper study of law’’.





Q75 Which of the following is not a reason for studying the source of Law?





Q76 Which of the following is not a Statutory Material?





Q77 Laws passed by the Legislative body during the colonial era are referred to as ……………..?





Q78 Ordinances, Acts, Laws, Decrees and Edicts are known to form part of which of the following?





Q79 Who are those saddled with the responsibility of making Statutes?





Q80 Subsidiary legislations are also known as what?




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