1. You are the Project Manager of MSC Limited (ML), a company that deals in the development and installation of software for Institutions. ML has submitted a proposal to Ability Company Limited (ACL) for the development and installation of payroll system for ACL at GHS650,000.00 for completion in 5months. The Chief Executive Officer of ACL has written to ML to develop and install a payroll system including the training of Staff at the Head Office of ACL in Accra at a price of GHS600,000.00 to be completed in 5months. ACL has written again to ML for over for the commencement of the project two months ago, but ML has not responded to the letter. ACL has advertised in the "Daily Graphic' for tendering of the project to a new Service Providers. ML intends to file a writ at the High Court (Commercial Division) for a breach of contract against ACL. With the aid of decided cases; a. Advise the managing director of ML on the success of the suit. b. From the facts of the case above and decided cases, distinguish Offer from Counter Offer 2. The Ghana Education Service (GES) has awarded a contract to Joe Mens Automobile Limited (JMAL) for the supply of 4x4 vehicle without a valid procurement process. The Ghana Education Trust Fund (GETFund), the financiers and paying agency of the GES project has refused to honour the payment of the supply of vehicle by JMAL citing illegal contract as the reason. JMAL has brought an action against the GES for breach of contract. You are the Arbitrator appointed by the Ghana Arbitration Centre for the settlement of the dispute. i. With the aid of decided cases, advise both parties on legality or otherwise of the Contract ii. As Arbitrator discuss the initial task for the resolution of the Dispute between GES and JMAL 3. i. With reference to the Companies Act, 2019 (Act 992), who is a "director"? ii. Discuss the various types of Directors as described in Act 992 4. Following an advertisement in the "Ghanaian Times" for the supply of One Hundred (100) Laptops for Kelly University of Information (KUI), Mr. Kofi Nyame doing business in the name and style of Everyday Supplies Enterprise (ESE), a sole proprietor business organization has submitted his tender on 1st October, 2021. Mr. Kofi Nyame has been reported dead at the Korle Bu Hospital on 23rd October, 2021. The Entity Committee of KUI at its 44th Sitting on 26th October 2021 awarded the contract to ESE. Osei Tutu the first-born son of Mr. Kofi Nyame who succeeded the father has supply all the laptops. The Accounts Office of KUI failed to honour the certificate of payment prepared by the Procurement Officer. Mr. Osei Tutu for the past 6months has not been paid and has subsequently instituted an action at the Accra High Court (Commercial Division) against KUI. The Vice Chancellor has invited your comments on the suit as the newly recruited Director of Projects of KUI. With the relevant statutes, the above case and authorities, submit a report to the Vice Chancellor on the issue of: a. validity of the contract between Kelly University of Information and Everyday Supplies Enterprise b. elements of a contract 5. SOS, a limited liability company has supplied water closets to the Electoral Commission of Ghana (ECG) in the Ashanti Region office for installation at the newly constructed Guest House for the ECG. The Project Manager on the project has rejected the products that were supplied and has refused and failed to pay SOS. SOS has brought notice of Arbitration before the Ghana Arbitration Centre in Accra. You are the Arbitrator, advice management of ECG and SOS on obligations of the Supplier and the Purchaser under the contract with the aid of legal authorities and support from the Sale of Goods Act, 1962 (Act 137) 6. With the aid of statute, illustrations and or examples write on the Procedure for the Resolution of Complaints under the Public Procurement Act, 2003 (Act 663) as amended by Act 914 7. "The Alternative Dispute Resolution Act, 2010 (Act 798) is an Act to provide for the settlement of disputes by arbitration, mediation and customary arbitration, to establish an Alternative Dispute Resolution Centre and to provide for related matters" (a) Briefly describe the term "arbitration" as a dispute resolution method. (b) Explain four (4) advantages of using arbitration as a dispute resolution method compare to litigation 8. The Asokore Municipal Assembly (AMA) advertised for Suppliers to submit proposals for the supply of Conference Centre furniture in December 2020. Boakye Company Limited (BCL) one of the respondents has submitted a proposal for the tender at a total amount of seven hundred thousand Ghana cedis for delivery in nine weeks. The Entity Tender Committee of AMA had approved the award of the contract at a contract sum of GHc 700,000.00. The company has submitted claim for the supply of first set of furniture upon which AMA had authorized TDC to make payment in favour of BCL. TDC the paying agency of AMA has responded in March 2021 that the payment cannot be effected because the tender did not go through evaluation process and there is no evaluation report has been prepared for auditing purpose. TDC had also complained about the award of contract sum which is beyond the threshold of the Entity Tender Committee of AMA. After three months of no payment BCL has issued a writ against AMA and TDC for payment of work done and damages for breach of contract. You are the Project Manager for AMA and your Chief Executive has referred the correspondence to you for your comment and advice. a. Discuss whether or not contract has been breached b. Discuss the circumstance under which a valid contract could be vitiated 9. During the tender of procurement of services, AGC Consult has complained about the conduct of Delta Consult on late submission of tender and lack of financial proposal in the submission of Request for Proposal. Messrs Delta Consult has eventually been adjudged as the successful tenderer. AGC has pleaded for the cancellation of the award of contract to Messrs Delta Consult. You are the Chief Executive of the Public Procurement Authority. Write in response to the complaint of the complainant on; a. Procedure for petitioning under the Act 663 and Act 914 b. Whether or not contract for Delta Consult can legally be cancelled 10. The Head of RAHA Institute has assured its staff of supply of laptop computer for all lecturers. He has discussed with Computa Ghana for the supply of the Laptops. He has been stopped by your office as the steps are against the Act 663. You are the Project Manager for RAHA Institute, Advice the Head of Defendant on; a. Circumstances under which a single source method for procurement could be implemented b. Procedure for single source method of procurement c. Discuss the advantages and disadvantages of the method 11. By the Public Procurement Act, 2003 (Act 663) as amended by Public Procurement Amendment Act 2016 (Act 914) all public institutions are to establish an Entity Tender Committee for the purpose of procurement of works, goods and services. The New Era Construction (NEC) Limited by an award letter dated 22nd January, 2020 was contracted to construct a bypass road from Tek Junction to Ayeduase off KNUST campus to prevent commercial vehicles from passing through the University. The work which has the commencement date as 1st February, 2020 was expected to be complete on 30th April, 2020. NEC has pre financed the works to about 60% completion. By a letter dated the 28th day of January 2020, the University Council has terminated the contract with effect from that date citing illegality of the contract among others as the reason. The letter states that the award of the contract was executed in breach of Act 663 and Act 914 and the University Statutes which sets up the University Entity Tender Committee to advise the University on the award of contracts. The letter sought to rely on the non-compliance of the University Statutes for the award of the contract and that the procedure adopted in awarding the contract to NEC was improper, irregular and against public policy and therefore renders the contract unenforceable and illegal. NEC has contended that the termination constituted a breach of the contract. NEC has therefore sued KNUST in the Commercial Court, Kumasi on 6th February 2022 claiming among other things i. An order of the court compelling the defendants to pay to NEC the sum of money being the cost of works executed and ii. Damages for breach of contract. The Vice Chancellor upon being served with the writ has rushed into your office as the newly recruited Director of Projects for KNUST. Can NEC be successful in his claim, advise the Vice Chancellor. 12. The Buildtech Education Complex has made an advertisement in the "Ghanaian Times" asking for Contractors to submit tenders for the Development of Sugar Factory at Nkawkaw in Ghana based on the Public Procurement Act, 2003 (Act 663) as amended by the Public Procurement Amendment Act, 2016 (Act 914). Explain to a group of Contractors who have attended the pre-tender conference i. the term "project manager" in a procurement contract and identify roles of project manager under the conditions of contract of public procurement authority of Ghana ii. difference between invitation to treat and Offer iii. Discharge of contract 13.A team of investors have visited you as a Project Management Consultant. Members of the team are Ghanaians and Foreigners who want to establish various businesses in Ghana. Discuss: a. the procedure for setting up three (3) business entities b. the consequence of company incorporation with the aid of decided cases, illustrations and examples 14.With the aid of decided cases, illustrations and or examples write on the following; (a). Unconscionability (b). Professional negligence (c). interim and final payment Certificates (d) securities of public procurement contract (e). vicarious liability 15. Ghana First, a Non-Governmental Organization in Ghana is embarking on a Clean Ghana Project by providing Tree seedlings to interested groups for planting across the Country. Ghana First has engaged you as a Project Manager. a. By adopting the procedure in the Public Procurement Act, 2003 (Act 663) as amended by the Public Procurement Amendment Act, 2016 (Act 914). Explain to a group of Contractors and suppliers who have attended the pre-tender conference the procedure for the selection of Service Providers with Price as a Factor. b. Explain difference between "Caveat Emptor" and Caveat Venditor" with reference to the laws of Ghana c. Advice on conditions precedent for hire purchase agreement to be signed for plant and equipment for the Project under the laws of Ghana. 16. With the aid of statute, illustrations and or examples write on the following; (a) Three (3) Methods of Selection of Consultants for Public Procurement of Services (b). Procedure for the Resolution of Complaints under the Public Procurement Act, 2003 (Act 663) as amended by Act 914 17. i. With reference to the Companies Act, 1963 (Act 179), who is a "director"? ii. Discuss the various types of Directors as described in Act 179 iii. Discuss with decided case the legal personality of a company 18. Following an advertisement in the "Ghanaian Times" for the supply of One Hundred (100) Laptops for Kelly University of Information (KUI), Mr. Kofi Nyame doing business in the name and style of Everyday Supplies Enterprise (ESE), a sole proprietor business organization has submitted his tender on 1st October, 2021. Mr. Kofi Nyame has been reported dead at the Korle Bu Hospital on 23rd October, 2021. The Entity Committee of KUI at its 44th Sitting on 26th October 2021 awarded the contract to ESE. Osei Tutu the first-born son of Mr. Kofi Nyame who succeeded the father has supply all the laptops. The Accounts Office of KUI failed to honour the certificate of payment prepared by the Procurement Officer. Mr. Osei Tutu for the past 6months has not been paid and has subsequently instituted an action at the Accra High Court (Commercial Division) against KUI. The Vice Chancellor has invited your comments on the suit as the newly recruited Director of Projects of KUI. With the relevant statutes, the above case and authorities, submit a report to the Vice Chancellor on: a. The validity of the contract and explain the ingredients of a contract b. Your understanding of vitiation of contract and discuss four (4) of the vitiation factors 19. "The Alternative Dispute Resolution Act, 2010 (Act 798) is an Act to provide for the settlement of disputes by arbitration, mediation and customary arbitration, to establish an Alternative Dispute Resolution Centre and to provide for related matters" (a) Briefly describe the term "arbitration" as a dispute resolution method. (b) Explain four (4) advantages of using arbitration as a dispute resolution method compare to litigation (c) Aside arbitration, describe two (2) other alternative dispute resolution methods you know. (d) Briefly discuss the difference between negotiation and mediation as dispute resolution methods 20. You are the Project Manager of ADK Consult Limited, a project management consultancy firm in Kumasi. Your Chief Executive Officer has been invited by the MSc Project Management Students Union in Knust to deliver a talk on the procedure to settle disputes of project management at the commercial division of the High Court. Your Chief Executive Officer has asked you to present a paper on his behalf, submit a draft speech you intend to deliver to the Chief Executive Officer. 21. Adjei, Boateng and Donkor want to incorporate a project management consultancy firm in Ghana and have consulted you for advice. Advice them on the processes and requirements for incorporating a project management firm in Ghana. Additionally, state the effects/consequences of the project management consultancy upon incorporation. 22. To what extent can a Project Management practitioner ensure that public procurement in Ghana is carried out in an environmentally and socially sustainable manner. 23. Miss Bell, a singer, signs a contract with Gyasi (a Project Manager) to sing at Gyasi's event/show. The terms of the contract are; three days rehearsal, one day to perform at the show. Miss Bell falls ill and misses two days of rehearsal, but is ready for the third day and the show. Gyasi no longer wants her to sing. Can Gyasi treat the contract as discharged? Discuss the legal issues and advice Gyasi accordingly. 24. Discuss the circumstances under which a project manager can incur tortious liability in the course of performance of a contract. 25. You have been appointed as an arbitrator to resolve a dispute between two parties to a contract in Ghana and are required to conduct an arbitration management conference with the parties. Discuss what you will be determining at the arbitration management conference. 26. What are the duties of the buyer and the seller under the Sale of Goods Act (Act 137), 1962