Q$1.$ You are a procurement manager for Accord Company Limited. Your company entered into a contract with Metallic A for the supply of $500$ laptops of a specified grade for distribution to its agents across Ghana to enable it to efficiently keep its records and effectively track sale at its distribution outlets across the country. The contract was awarded through competitive tendering and as aprt of the bid requirements, the items were delivered within $30$ days of award of the contract.

Metallic supplied the first consignments of $80$ laptops on the $20$th day after the award and failed to supply the rest. When Accord Limited contacted Metallic Limited, the Managing Director, Mr$.$ Kweku Bentil indicated that they could only import the laptops after they had won the contract and it would take not less than $6$ weeks for the items to reach Ghana, as such there was nothing they could do about it$.$ He told Accord Company Limited to count itself lucky, because the $80$ they supplied were old stock meant for another customer which they diverted to them. Eventually, after $70$ days of the award of the contract, a truck full of laptops arrived at the premises of Accord Company Limited with only the driver who claimed it was not his duty to offload the items.

When Metallic was contacted, he claimed that his workers who should have come to offload the items had been sent out on an assignment and so if Accord could get people to offload the items, they Metallic would be prepared to pay them. Because it was threatening to rain, Accord quickly mobilized its workers to offload the truck. $.$In the process, $20$ laptops fell and got damaged. Now both Metallic and Accord are claiming that they are not responsible for the damaged laptops $.$ Accord subsequently distributed the rest of the laptops to its agents and five days after, $10$ of the agents called to complain that the laptops were of lower grade and could not support the software that was to be installed on them and as such they could not be used.

a$.$ With the aid of decided cases $,$ discuss the legal issues raised with respect to:

i$.$ Risk;

ii$.$ Time of delivery;

iii. Defective goods

b$.$ Your Managing Director wants to take Metallic to court on this transaction and is seeking your opinion before he calls the company lawyers to instruct them. You are to convince your MD on the remedies available to Accord, if any.

Q$2.$ You have been asked as a senior manager of your workplace to educate the members of the management team of your company on how best the company can ensure that the contracts it enters into with its customers will not be rendered nugatory when there is any dispute.

With the aid of relevant authorities, address the management team on the essentials of a valid contract.

Q$3.$ You have been employed as the General Manager of Ryda Royal Group of Companies. You have proposed to the Management Board to appoint contract managers for the various companies. You are to submit a written proposal to the Board on the essential roles of a contract manager and how the appointment would benefit the company.

Q$4.$ With the aid of decided cases, discuss the four factors that may vitiate an apparent valid contract.

Q$5.$ With reference to decided cases, distinguish:$-$

i$.$ Offer from invitation to treat;

ii$.$ Condition from Warranty;

iii Void contract from voidable contract

Q$6.$ Contractual obligations are voluntarily undertaken under a contract and therefore should remain sacred and observed by all parties as such. With the aid of decided cases, discuss the five underlying principles of the law of contract.

Q$7.$ With references to legislation and relevant cases, discuss the concept of contractual capacity emphasizing on the capacity of minors, lunatics and drunkards.

Q$8.$ Discuss the parole evidence rule.

Q$9.$ With the aid of decided case, distinguish between a mere request for information and a counter offer;

Q$10.$ Mr$.$ Appiah made an offer to Mr$.$ Bentum to sell his Benz car for GHC$50,000\mathrm{.}00$ and promised to keep the offer open for three weeks. Before the expiration of three weeks, Mr$.$ Appiah sold the car to Mr$.$ Churchill for GHC$70,000\mathrm{.}00.$ Advise Mr$.$ Bentum on the common law position and the statutory position under the Ghanaian law.

Q$11.$ Section $13$ of the Sales of Goods Act creates a strict liability on the part of the seller to the extent that the seller is responsible for the defective goods supplied under a contract for the sale of goods. Explain the statement with respect to the principle of caveat emptor.

Q$12.$ Explain the concept of $$transfer of risk$$ and $$transfer of property$$ under the Sale of Goods Act.