Business Law and Ethics

Questions:
1. In Dupaul Wood Treatment v Asare(2005-2006) where it
was held by Sophia Akuffo JSC that “ A company comes
into existence when it regulations are delivered to the
registrar of companies and he enters the same into his
register. It is the act of registration that incorporates the
company, such incorporation being evident by the
registrar’s certificate of incorporation. With supported
statutes and case law, identify various categories of
companies recognized by the registrar of companies in
Ghana and the reason for the motive of various
categorization.
2. Considering the court system practiced in Ghana
towards the administration of justice, with the aid of
appropriate statutes, critically examine the jurisdiction,
functions and composition of the court system in Ghana.
3. It is only a person having property in goods (or it agents)
who can validly sell goods to a buyer no other person
can make a valid transfer of the property in the goods to
the buyer even if such purported seller has actual
physical possession of the goods which he attempts or
purport to sell. Critically assess the Latin Maxim “Nemo
dat quad non habet” in accordance to section 28(1) of
Act 137 and it various exceptions under which the
maxim operates.
4. On Nov. 1, CFAO PLC sent a letter to Canon limited with
which it had been negotiating offering it a contract to
service all CFAO processes each month for the next 5
years at a cost of GHC 20,000 per annum. The letter said
that Canon should reply by letter of post. Unfortunately
the letter contained an error in the address and was not
delivered to Canon until Nov. 6. Canon replied at once,
accepting. This letter was posted at 11am on Nov. 6. In
the meantime, on Nov. 4, CFAO had received an offer
from Compu Ghana to do the servicing work at GHC
15,000 per annum. CFAO having heard nothing from
Canon telephoned Compu Ghana on Nov. 5 and offered
it a contract at GHC 10,000. Compu Ghana accepted.
CFAO sent a fax to Canon on Nov. 6 telling it that the
offer on Nov.1 was withdrawn. The fax was received on
Canon’s fax machine at 10:45am on Nov.6, but not read
by anyone until 5pm on the same day.
Advice CFAO, Canon and Compu Ghana.