PPL323 Tma Solutions

PPL323

Question: State the rule in Hedley Byrne & Co v. Heller & Partners
Answer: If you make a careless mistatement upon which I relied and suffered loss, you may be liable to me in negligence.

Question: In English courts, who determines questions of fact?
Answer: The jury

Question: SarahVs child died after eating Chop Chop Noodles which turned out to have been part of a poisoned batch Chop Chop Ltd. ought not to have released to the market. Should the court wish to punish Chop Chop Ltd. it will award â€|â€|.. damages against them.
Answer: All of the options

Question: D Banj and Don Jazzy started a musical record label called Mavin Records. Following their split, D Banj formed another label which he named Koko Mavin Records In line with . he is likely to be held liable for passing off
Answer: Hines V. Winnick

Question: The leading case for passing off in Nigeria is
Answer: Niger Chemist Ltd. v. Nigeria Chemist

Question: ChimaVs advert on Jiji.com. stated V2016 Toyota Camry, factory fitted AC, Automatic, good conditions Amara contacted Chima via email and agreed on price. Thereafter she transferred the purchase price to Chima and took deliver of the car. Upon delivery, it was discovere b at the car radiator was faulty.Y Advise Anu.. _
Answer: Her claim for deceit is unlik e succeed because she ought to have investigate satisfied herself as to the condition of the car before buying.

Question: Z Bank made an offer of a rights issue to existing shareholders stating that they intended to use the proceeds to upgrade their IT infrastructure. The proceeds were acually lent to the Chairman of the Bank interest free to enable him purchase controlling interest in a telecommunicat nc company which eventually went into liquidation.
Answer: Based on the decision in Edginton v. Fitzmaurice, the directors of Z Bank will be liable

Question: Beecham holds the patent for Augmetin, a drug compound containing Amoxicillin and Clavulanate compounds. Augmenting is sold in the form of 10 units of red and yellow capsules in a golden blister pack packed in a maroon coloured box. Cemure Ltd. has been granted licence tc produce the drug. They named their druj YBeecham Amoxi-ClavY with 10 orange ind yellow capsules in a purplish rose gold blister pack packed in a purplish and maroon box. Should Beecham engage your ser cos to sue for passing off, how will you establish the tort.
Answer: All of the options

Question: Offering his land for sale to Y, X falsely stated YMy land in Mpape land is very fertile. You should buy it for your tomato business.Y Y however read in the papers that Mbape was susceptible to earthquakes and decided not to buy. Subsequently, h^ was informed of the Federal Govemme ’c plan to site an international airport withi.. Mpape. He rushed to buy 3 hectares from X. The Government abandoned its plans because of unususual seismic activity ir MpapeYs sub soil. Y has sued X for dec
Answer: X is not liable because Y did not rely on his representation

Question: Offering his land for sale to Y, X falsely stated YMy land in Mpape land is very fertile. You should buy it for your tomato business.Y Y however read in the papers that Mbape was susceptible to earthquakes and decided not to buy. Subsequently, h^ was informed of the Federal Govemme ’c plan to site an international airport withi.. Mpape. He rushed to buy 3 hectares from X. The Government abandoned its plans because of unususual seismic activity ir MpapeYs sub soil. Y has sued X for dec
Answer: X is not liable because Y did not rely on his representation

Question: A asked B whether he could get a bus from Abuja Airport into town. B replied V believe so. Stand by the taxi rankV. A stood there for over 2 hours but did not get a bus as commercial vehicles are not allowed within the Airport premises. Due to this delay, A missed his job interview. What possible defence will B have, should A sue for
Answer: B believed his response to ue true

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