Obafemi Awolowo University Commercial Law Past Questions
These past questions are simply compiled here fore academic purposes. we do not own copyrights to the respective questions
2nd Semester, 2016/2017
- Amasa has just visited ALADANLA farms and he was impressed by what he saw. He immediately ordered for the purchase of 200 tubers of bumper yams for his "upcoming end of year Iyan festival". He also ordered for 30 bags of Spring Rice and 100 cartons of Cat-fish. All the items (except 50 tubers of yam which were yet to be harvested) are already earmarked and to be loaded on KARRY truck for onward transmission and delivery at Amasa's shop on 1st December, 2017, the day of the contract. KARRY truck was however intercepted by Road Safety marshals for improper vehicle documentation, and was only released on the 15th of December, 2017 on the intervention of Chief Aladanla - owner of ALADANLA Farms. By the time the items were delivered, Amasa discovered that the fish had deteriorated terribly and were unfit for human consumption. Unknown to the parties, as at 1st December, 2017, the 50 tubers of yams were also affected by bad weather, already over grown and by the time they were harvested were unfit for the purpose of "end of year Iyan festival". Advise Amasa and ALADANLA farms.
- In a contemporary Nigerian situation where "branded" and "unbranded" items are sold in traffic jams, what is the import of the requirement of "merchantability"? How does the court arrive at what is of "merchantable quality" of goods in compliance with S14(2) and 15(2c) of the Sale of Goods Act 1893?
- A sold his Nissan Bluebird car to B for #500,000. B sold the car to C for #550,000. C sold it to D for #600,000. After D had used the car for 18 months, it was lawfully recovered by O - the original owner who claimed the car was stolen from him by A. D filed an action against C for breach of contract and implied undertakings as to title under the Sale of Goods Act.
- With the aid of authorities, lay the foundation for the chances of D's case against C.
- Can D recover the entire purchase price of #600,000 or can C set up a counter claim against that amount?
- Write short notes on the following
- Nemo dat Rule
- Res perit domino
- Right of stoppage in transit
- Discuss the major abuses and injustice that characterised the common law hire-purchase trading system. How far has the Hire-Purchase Act, Cap H4, Volume 7, LFN 2004 corrected the situation?
- Discuss the obligations of the owner and the hirer under the common law hire-purchase trading system. Has the Hire-Purchase Act Cap. H4, Volume 7 LFN 2004 incorporated any of these obligations?
- Examine the power of the owner to recover possession of the hired goods and that of the hirer to determine the hire purchase agreement under the Hire-Purchase Act Cap. H4, Volume 7 LFN 2004.
