[30 marks] QUESTION TWO Mr. Bossman bought a Nissan diesel vehicle from Trans Africa Engineering and Motor Co. Ltd. However, when the vehicle broke down, Mr, Bossman did not go to the dealers for spare parts, but rather went to Messrs Jones Williams &Co, and through one of its directors, placed an order for the spare parts from Japan. The order was placed for the spare parts with TSS Co. Ltd, and by Telex, headed "we quote for Japan", TSS Co Lid, supplied Jones Williams & Co. with the requisite quotation, and that the spare parts would be delivered in three (3) months' time. Mr. Bossman then got his foreign bankers to transfer the amount, being the cost of the spare parts to the bankers of Messrs Jones Williams & Co. Ltd, who in turn, paid the amount to the suppliers. When the spare parts were not forthcoming, Mr. Bossman sued Messrs Jones Williams & Co for the return of his money, interest and damages. Before the court case started, Mr. Bossman received the spare parts, and therefore had to abandon his claims. Advise Mr Bossman. (20 marks) QUESTION THREE a. Orlando Motors, an American Automobile Company, paid for three (3) cars and consigned them to Mr. Kobby Ayensu in Ghana by a bill of lading; vehicle No. GTB 7084 was one of the three (3) cars, Mr. Kobby Ayensu, as the consignee, took delivery of the vehicles and registered vehicle No. GTB 7084. He later sold the vehicle he registered to Tracy Achiaa. The appropriate change of ownership was then effected. Later, one Mr. Oko Lartey who was claiming interest in the cars, sued Mr. Kobby Ayensu in respect of the cars and immediately went to court and obtained an order resulting in the impounding of the vehicle from Tracy Achiaa. Advise Achiaa. (12 marks) b. Explain the maxim 'Nemo dat quod non habet' and the exceptions to it. (8 marks) [20 marks] QUESTION FOUR a. Kumasi Brewery Company Limited agreed to supply 5,000 cartons of Dry Gin for the 2021 Easter Season to Miklin Hotel. It was agreed that delivery was to be made on or before 10 March 2021. As at 30th March 2021, Kumasi Brewery Company Limited had not delivered the Dry Gin. Miklin Hotels therefore repudiated the contract, arguing that the Easter mass season was almost over. On 6th April 2021, Kumasi Brewery Company Limited intended to deliver and Miklin Hotel repudiated. Advice Kumasi Brewery Company Limited and Miklin Hotel (10 marks) b. In October 2004 Atlantic Hotel Limited, a limited liability company engaged in hotel and hospitality industry in Kumasi and Takoradi, purchased for the use of its managing director, a brand new Mercedes Benz C240 ML at a cost of 60,000 Dollars from the Silver Star Limited, the sole dealer of German-made Mercedes Benz vehicles in Ghana. In September 2006 the vehicle broke down at Bekwai en route to Kumasi after minor repairs at the workshop of the defendant company at Takoradi. Atlantic Hotel had the vehicle towed to Kumasi and inspected by a private mechanic who declared the car engine defective. After that the Atlantic Hotel company brought a claim against the Silver Star Company Limited alleging that the vehicle suffered from latent defects. Advice Silver Star Company Limited and Atlantic Hotel. (10 marks) [20 marks] END OF THE QUESTIONS