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1. Kaku had been a driver of a cargo vehicle. He loaded his vehicle with goods at Tamale for an owner resident in Takoradi. The
1. Kaku had been a driver of a cargo vehicle. He loaded his vehicle with goods at Tamale for an owner resident in Takoradi. The cargo was a mix of tubers of yam, bags of charcoal, watermelon and tomatoes. In the course of the journey and while still far away from Takoradi, the vehicle broke down in the vicinity of a small town. The driver did all that he could to reach the owner of the goods by telephone and other means. He was however not successful. He therefore, disposed of all the goods by sale on the third day. Required: Explain the effect of the sale of the watermelon, tomatoes, the yams and the bags of charcoal on the agency relationship. (5 marks) b. Eddie is the manager of A-LIFE shopping mall owned by Bertha. In January he is told by Bertha not to buy biscuit from a new company called Crunch Ltd, because she has heard that their products are of poor quality. On 18 th February Christa, a representative of Crunch Ltd visits the A-LIFE shopping mall and as a result Eddie orders 10,000 cedis worth of biscuits. Christa is unaware of Bertha's instructions. When later in the day Bertha discovers what Eddie has done, they have arguments and Eddie resigns. The following day Eddie goes to Drinkit Ltd, Berthas regular supplier of wine and spirit and purchases 10 cases of whisky on credit in Bertha's name. He then absconds with the whisky. Bertha comes to seek your advice as to her liability to: Crunch Ltd; and Drink it Ltd. (5 marks) c. In January, Asonto was travelling to Kumasi from Accra on a Yutong bus. Unfortunately, immediately after Anyinam the bus broke down. Asonto was desperate to get to Kumasi at all cost since he was attending an interview for appointment the next morning. Around 10 p.m. a cargo truck belonging to Samo Ltd. pulled by and Asonto begged the driver to give him a lift to Kumasi. The driver was reluctant and pointed out an inscription in the cab of the truck "Goods only. No passengers allowed" After some persistence the driver allowed Asonto on the truck. Unfortunately, just after Juaso the truck was involved in an accident and Asonto broke his leg. He has brought action against the company for compensation for the injury he sustained. What defence if any is the company going to put up? (5 marks) d. Cho instructs his agent Duu to sell his car. Cho decided to pay GH5,000 as commission to Duu on completion of the sale. Duu sold the car and was accordingly paid the commission of GH5,000. Cho then immediately found that the purchaser of the car had also paid a bribe of GH2,500 which Duu did not disclose. Required: Explain the principle in law of agency applicable to this scenario
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