Reference no: EM133530991

QUESTION 1.

1. Mrs. Danso was illegally incarcerated by the police for ten weeks in a bid to collect a debt allegedly payable by Mrs. Danso to someone else. The police had earlier illegally detained Mrs. Danso's daughter for five days because they could not locate her mother. Eventually, the police said they would release Mrs. Danso if she will sell her house to pay off the debt. Mrs. Danso agreed to the sale in exchange for her release. The police found a buyer, Mr. Osei. The house was sold to Mr. Osei.

Mrs. Danso is not happy at all about what transpired between herself and the police officers and has come to you for an advice.

Advise Mrs. Danso on what she should do. Support your answer with decided cases.

2. With the aid of decided cases or examples, discuss the parole evidence rule. In your view, is this rule sound? What possible changes would you suggest?

QUESTION 2.

1. Bernice sells cloth at the Kintampo market. Ekua bought a consignment of cloth which was duly paid for and a receipt issued to her. The items were packed into four boxes with Ekua's name boldly written on the four boxes. Ekua left the items in the care of Bernice to buy other things from the market. On her return, the items had been stolen and Bernice says that she is not liable and that Ekua should be blamed for the loss of the items. Bernice told Ekua that she should have known that Tuesdays are very busy days and she cannot act as a caretaker of the goods.

Discuss the issues raised with respect to risk.

Would your answer be different if the goods were lost at the warehouse of Bernice situated outside Kintampo.

2. What is an unenforceable and a void contract? Illustrate your answer with a case.