CLL307 TMA

Q1 A contract of Hire is synonymous with Hire-Purchase. Justify this assertion.
Not Correct
Uncertain
True
None of the above

Q2 Goods not yet in existence, and goods in existence but not yet acquired by the seller at the point of making the contract are known as what?
Future Goods
Ascertained Goods
Existing Goods
None of the above

Q3 Goods identified and agreed upon at the time the contract of sale was made are known as what?
Ascertained Goods
Existing Goods
Future Goods
None of the above

Q4 Goods that are owned and possessed by the seller at the time of contract are known as what?
Existing Goods
Ascertained Goods
Future Goods
None of the above

Q5 A voluntary and gratuitous transfer of any property from one person to another is known as what?
Alienation
Transference
Gift
Assignment

Q6 A transaction under which goods are delivered by one party (the bailor) to another (the bailee), on certain specified terms, which generally provide that the bailee is to have possession of the goods and subsequently redeliver then to the bailor in accordance with his instruction is known as what?
A Sale of Goods
A Negotiable Action
A Fret Forwarding
A bailment

Q7 �??A contract whereby the seller transfers or agrees to transfer the property in goods to the buyer for a money consideration called the price�?� is known as what?
Hire-Purchase
Commercial Dealing
Bargaining
Sale of Goods

Q8 In which of the following cases did the following fact occurred? A sale of 200 tons of potatoes to be grown on a piece of land which was held to be a sale of specific goods, despite the fact that they were not existing goods.
HOWELL V COUPLAND (1876)
Eso West African INC. V Ali (1968)
Spiropolous Co. Ltd. V Nigeria Rubber & Co. Ltd (1970)
None of the above

Q9 In which case was it held, inter alia, that it is the duty of an agent to carry out any instructions that may be given to him by the principal and cannot depart from such instructions even though he reasonably believed that in doing so he was promoting the interest of the principal?
Eso West African INC. V Ali (1968)
HOWELL V COUPLAND (1876)
Spiropolous Co. Ltd. V Nigeria Rubber & Co. Ltd (1970)
Eso West African INC. V Ali (1968)

Q10 In which of the following cases did the Court, hold that �??�??the prudence which an agent is expected to show in the affairs of his principal requires that he should not involve the principal in a heavier financial burden where there is available means of involving him in a higher financial burden�??�???
Eso West African INC. V Ali (1968)
Hutton V Warren (1836)1 M and W 466
Majekodunmi V Joseph Daboul Ltd. (1975)2 C.C.H.C.J. 161
Spiropolous Co. Ltd. V Nigeria Rubber & Co. Ltd (1970)

Q11 In which of the following case was it held that �??�??once the relationship of principal and agent is established, and the agent fails to keep proper account or fails to account to the principal for monies or properties received by him in the cause of his agency, he is accountable to such a principal and can be compelled to render such account by an action in a court for an account.�??�???
Eso West African INC. V Ali (1968)
Spiropolous Co. Ltd. V Nigeria Rubber & Co. Ltd (1970)
Majekodunmi V Joseph Daboul Ltd. (1975)2 C.C.H.C.J. 161
HOWELL V COUPLAND (1876)

Q12 Which of the following is part of the Remedies Available to the Principal?
Dismissal
Rescission and Damages
Action for Account
All of the above

Q13 Which of the following is one of the Ways of Terminating Agency?
Operation of Law
Deal Settlement
Calling Quit
Redraft

Q14 Which of the following Remedies is available to the Agent?
Damages
Right of Set-Off
Right of Lien
All of the above

Q15 An Agent who is authorized to act for and on behalf of his principal on or for special occasion is addressed as what?
General Agent
Special Agent
Mercantile Agent
Open Agent

Q16 An agent�??s instructor whose existence and identity is known to the third party at the time of entering into a contract with an agent is known as who?
Undisclosed Principal
Disclosed Principal
Available Principal
Identity Agent

Q17 An agent having authority to sell or to consign goods for the purpose of sale, or to buy goods or to raise money on the security of goods is addressed as who?
Special Agent
General Agent
Mercantile Agent
None of the above

Q18 An agent to whom certain goods have been consigned for a foreign principal?
General Agent
Overflow Agent
Mercantile Agent
Commissioned Agent

Q19 An Agent who is authorized to act for and on behalf of his principal in all his affairs in connection with a particular kind of business, trade or profession or who represents him in the ordinary course of his own trade, business or profession, as agent is addressed as what?
Commission Adent
General Agent
Del Credere Agent
None of the above

Q20 The instructor of an agent whose existence and identity is unknown to the third party at the time of entering into a contract with an agent is known as whom?
Disclosed Principal
Commissioned Agent
Undisclosed Principal
None of the above

Q21 Remuneration, Re-Imbursement and Indemnity are not part of the expectation of Principal towards the Agent. Justify this assertion.
True
Uncertain
Not Correct
None of the above

Q22 �??�??An agent is not expected to keep and to render appropriate account of his stewardship to his principal whether or not he is called upon to do so�?�. Justify this assertion.
Not Correct
VeryCorrect
Uncertain
None of the above

Q23 What occurs in a situation where a supposed agent portrays himself to be representing a supposed principal whose consent he might not have secured and the principal on becoming aware of this assented to the transaction?
Agency by Ratification
Agency by Estopell
Agency of Necessity
None of the above

Q24 �??When a person behaves in such a way as to lead another person to believe that he has authorized a third person to act on his behalf and that other person in such belief, enters into transaction with the third person within the scope of such ostensible authority, the first mentioned person would be estopped from denying the fact of the first person�??s agency�??�?? What principle of law in agency is being explained here?
Agency by Estopell
Agency by Ratification
Agency of Necessity
None of the above

Q25 �??When a person behaves in such a way as to lead another person to believe that he has authorized a third person to act on his behalf and that other person in such belief, enters into transaction with the third person within the scope of such ostensible authority, the first mentioned person would be estopped from denying the fact of the first person�??s agency�??�??. Where was this statement made?
MCGregor V Mc Gregor (1888)21 Q.B.D. 424
BARRING V CORRIE (1818)2 B & AID. 137
Lukan V Ogunnusi (1972)5 S.C. 40
AYUA V ADASU & ORS (1992)3 N.W.L.R. 598

Q26 �??In the ordinary law of Agency, the paradigm is that in which the agent and the principal agree that one should act for the other. And the term �??agency�?� is assigned to this basic principle which involves consent of both parties�??�?? Who is credited with this assertion?
Oputa JSC
Lord Haldene
Abbot C J
Akanbi, JCA

Q27 Where was it stated that �??In the ordinary law of Agency, the paradigm is that in which the agent and the principal agree that one should act for the other. And the term �??agency�?� is assigned to this basic principle which involves consent of both parties�??�???
Carlill v Carbolic Smoke Ball
MCGregor V Mc Gregor (1888)21 Q.B.D. 424
BARRING V CORRIE (1818)2 B & AID. 137
AYUA V ADASU & ORS (1992)3 N.W.L.R. 598

Q28 A mercantile agent who, in the ordinary course of his business is employed to make contact with third parties for the purchase of goods, or property or for the sale of his principal�??s goods or property of which he is not entrusted with possession or document of title thereto is known as who?
Broker
Factor
Del Credere
None of the above

Q29 Who is credited with the statement �??�??�??Factor�?� is a person to whom goods are consigned for sale by a merchant residing abroad or at a distance away from the place of sale and who normally sells in his own name without disclosing that of his principal�??�???
Sam Iroye Esq.
Lord Haldene
Oputa JSC
Abbot C. J

Q30 The definition of �??Factor�?� as a person to whom goods are consigned for sale by a merchant residing abroad or at a distance away from the place of sale and who normally sells in his own name without disclosing that of his principal was made in which of the following cases?
Mcgregor v Mcgregor
Hutton V Warren (1836)1 M and W 466
AYUA V ADASU & ORS
BARRING V CORRIE (1818)2 B & AID. 137

Q31 Factors, Brokers and Del Credere Agents are all types of �?��?��?��?��?��?��?��?��?��?��?��?��?�.?
General Agent
Commission Agent
Mercantile Agent
Special Agent

Q32 An agent having authority to sell or to consign goods for the purpose of sale, or to buy goods or to raise money on the security of goods is addressed as what?
Commission Adent
Mercantile Agent
Business Agent
Estate Agent

Q33 Which of the following is not a theory of Agency?
The power-liability theory
The consent theory
The qualified consent theory
None of the above

Q34 �??The relationship between one person having authority to act, and having consented to act on behalf of another, in contractual relations with a third party�??�?? is known as what?
Trusteeship
Company Practise
Agency
None of the above

Q35 How true is this assertion �??�??a breach condition entitles the parties to treat the whole contract as discharged, while a breach of the warranty merely entitles the other party to claim damages�??�???
Not Correct
Very Correct
Uncertain
Indifferent

Q36 In which case was it proved that, by a local custom, a tenant was bound to farm according to a certain course of husbandry and that, on quitting his tenant, he was entitled to a fair allowance for seed and labour on the arable land?
Bernett v Bernett
Hutton V Warren (1836)1 M and W 466
MCGregor V Mc Gregor (1888)21 Q.B.D. 424
Carlill v Carbolic

Q37 In which case was it held that when spouses are not living in amity, particularly when their relationship has degenerated to the level of mutual hostility and distrust, an agreement between them would be binding?
Carlill v Carbolic Smoke Ball
Hutton V Warren (1836)1 M and W 466
MCGregor V Mc Gregor (1888)21 Q.B.D. 424
None of the above

Q38 Which of the following is a rule of Consideration?
Must be real and for value
Must be legal
Need not be adequate
All of the above

Q39 Which Court has the original jurisdiction in respect of Election petitions arising from election to the office of President or Vice-President, their term of office and vacancy of the office?
The Supreme Court
The Appeal Court
The Federal High Court
The High Court

Q40 How many types of consideration do we have in law?
Three
Four
Two
None of the above

Q41 In which case was a judicial definition of consideration given?
Carlill v Carbolic Smoke Ball
Fitch v Sneadaker
Curie V Misa (1875)
None of the above

Q42 When is offer by post deemed to get to the notice of the other party and acceptance complete?
By Mere Posting
By reception of the party receiving
After application of Frankincene
None of the above

Q43 What occurs when the offeree indicates his intention and willingness to take up the offer and decides to be bound by the terms of the offer?
Acceptance
Complaint
Operations
Generalisation

Q44 What will you use to describe the withdrawal of an offer in law?
Revocation
Elimination
Substitution
Contranvention

Q45 The decision that a plaintiff cannot accept an offer unless he is aware of it was held in which case?
Hernthorn v Fraser
Carlill v Carbolic Smoke Balls
FitchV Sneadaker (1868)
None of the above

Q46 In what ways can an offer be made?
Perpetually and Virtually
Visually and Audibly
Directly and Indirectly
Expressly or by conduct (impliedly)

Q47 What is the core of the decision reached in the case of Carlil V Carbolic Smoke Ball CO. (1893)1 Q.B.253?
Offer is Unique
No proper Offer
Genuity of Offer
There is no limit to the number of people to whom an offer can be made

Q48 A definite undertaking or promise, made by one party with the intention that it shall become binding on the party making it as soon as it is accepted by the party to whom it is addressed is known as what?
Offer
Consideration
Acceptance
Promises

Q49 Offer, Acceptance, Consideration, Intention to create legal relations forms part of �?��?��?��?��?��?��?��?��?��?�.?
Keypoints to transactions
Formular to Contractual relationship
Vital principle of law
The basic ingredients of a contract

Q50 Which Court is standing at the apex of the hierarchy of courts in the state?
The Customary Court of Appeal
The National Industrial Court
The Sharia Court
The High Court

Q51 Which Court deals with, Matters arising from the operation of Companies and Allied Matters Act and other Allied, Copyright, and Admiralty?
The State High Court
The Supreme Court
The Federal High Court
None of the above

Q52 Which Court is saddled with the responsibility of Relating to the revenue of the Federal Government, Taxation of companies and persons subject to Federal Taxation and Customs and excise duties, claims against customs service?
The Supreme Court
The Federal High Court
The State High Court
The Appeal Court

Q53 From which Court did the Federal High Court took it�??s origin from?
The then Power Court
The then British Tribunal
The Then European International Court
The then Federal Revenue Court

Q54 What is the relationship of The Federal High courts to the State High Courts?
They often handle state matters
They interlopes weith each others matters
Both are of cordinate jurisdiction
None of the above

Q55 What makes The Court of Appeal to be a very important Court in the machinery of justice in Nigeria?
Well Designed and decorated
Have its divisions closer to the states
Can hear appeal from other countries
Can be approached by any litigant

Q56 Appeals shall lie as of right from the decisions of the Code of Conduct Tribunal to which Court?
The Supreme Court
The Court of Appeal
The Federal High Court
The Senior Court of Appeal

Q57 Appeal from the Sharia Court of Appeal of a State in any civil proceedings shall go to which Court?
The Supreme Court
The Federal High Court
The Court of Appeal
None of the above

Q58 Appeals to the Court of Appeal may be classified into how many?
Five
Four
Three
Two

Q59 Which Court has the original jurisdiction in respect of Election petitions arising from election to the office of President or Vice-President, their term of office and vacancy of the office?
The Supreme Court
The Appeal Court
The Federal High Court
The High Court

Q60 Which Court has original jurisdiction over any dispute between the Federation and a state, or between states if and in so far as that dispute involves any question(whether law or fact) on which the existence or extent of a legal right depends?
The Appeal Court
The Federal High Court
The Supreme Court
None of the above

Q61 Which Court is saddled with the duty of holding an inquest whenever there is lying in his district the body of a deceased person who died a violent or unnatural death or a sudden death of which the cause is unknown?
The High Court
The Magistrate Court
The Coroners�?? Court
None of the above

Q62 Which Law Establishes the first law on coroners�?? inquest in Nigeria?
The Coroners Ordinance 1944
The Inquest Act 1940
The Conquest Act 1940
None of the above

Q63 Which law provides for the first enactment of Juvenile Courts in Nigeria?
The Children and Young Persons Ordinance1943
The Juvenile Court Ordinance of 1943
The Teenagers Proficient Act 1943
None of the above

Q64 How many classes of justices of the Peace do we have
2
3
4
5

Q65 The Magistrate courts exercising only civil jurisdiction in the Northern Nigeria is known by which name?
The Customary Court
The Northern Criminal Court
The District Courts
The Sharia Court

Q66 What is the most unique provision of the 1954 Federal Constitution?
Each region was empowered to remove the Judges
Each region was empowered to appoint Governors.
Each region was empowered to establish Self Governance.
Each region was empowered to establish its own court.

Q67 From the reforms carried out by Sir Donald Cameron the then Governor of Nigeria, which of the following courts was established in Nigeria:
The Native Courts
The Supreme Court
The West African Court of Appeal
All of the above

Q68 Which of the following is one of the Courts established after amalgamation of the country?
Provincial Courts
The High Court
The Magistrate Court
The Appeal Court

Q69 How many courts were established after Amalgamation?
1 Court
2 Courts
4 Courts
3 Courts

Q70 Which of the following is one of the major characteristics of reference materials?
The materials are meant to be consulted in the library only
The library usually buys one copy or in rare cases two copies
They are housed in a separate section within the library
All of the above

Q71 The section where the library staff provides bibliographic services to the library patrons is known as what?
Processing Department
Acquisitions Department
Reference Department
None of the above

Q72 Where books and other materials are acquired and processed in the library is known as what?
Reference Department
Acquisitions Department
Processing Department
None of the above

Q73 Which of the following is a Functions of Catalogue?
Allows access to the collection and provides service to its users.
Enables you to easily find a book or other library
It enables you to know all the works of a given author held in the library and editions of any work
All of the above

Q74 Justify the assertion �??�?? Law libraries are the only resource very essential to the proper study of law�??�??.
Very Correct
Uncertain
Not Correct
None of the above

Q75 Which of the following is not a reason for studying the source of Law?
It affords an understanding of the various means by which the law governing the society is made
It affords an understanding of the law which is most effective to arrest insurgency
It affords the means by which authoritative written materials are derived.
The study of the sources of law facilitates an understanding of the process by which law derives its validity.

Q76 Which of the following is not a Statutory Material?
Sale of Goods Act 1893
Nigerian Law Report
Infants Relief Act 1874
Partnership Act 1890

Q77 Laws passed by the Legislative body during the colonial era are referred to as �?��?��?��?��?�..?
Legislations
Laws
Ordinances
Statutes

Q78 Ordinances, Acts, Laws, Decrees and Edicts are known to form part of which of the following?
The Legal Text
The Judicial Material
The Secondary Source of Law
The Primary Source of Law

Q79 Who are those saddled with the responsibility of making Statutes?
The House of Representative
The Legislators
The Tribunal
The Supreme Military Council

Q80 Subsidiary legislations are also known as what?
Executive Legislations
Administrative Legislations
Delegated Legislations
None of the above

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