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GSL Entrance Exam practice questions

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Question 1Role knowledge and related same-jurisdiction law

Which provision of the 1992 Constitution of Ghana establishes the supremacy of the Constitution and declares any other law inconsistent with it void to the extent of the inconsistency?

  1. Article 1(2) Correct answer.
  2. Article 2(1)
  3. Article 11(1)
  4. Article 125(1)

Explanation

Article 1(2) of the 1992 Constitution of Ghana explicitly states that the Constitution is the supreme law of Ghana and any other law found to be inconsistent with any provision of this Constitution shall, to the extent of the inconsistency, be void.

Question 2Role knowledge and related same-jurisdiction law

Under Article 2 of the 1992 Constitution, which court has exclusive original jurisdiction to hear and determine actions for a declaration that an enactment or act is inconsistent with, or in contravention of, the Constitution?

  1. The Supreme Court Correct answer.
  2. The Court of Appeal
  3. The High Court
  4. The Commission on Human Rights and Administrative Justice (CHRAJ)

Explanation

Article 2(1) read in conjunction with Article 130 of the 1992 Constitution of Ghana vests exclusive original jurisdiction in the Supreme Court for all matters relating to the enforcement or interpretation of the Constitution.

Question 3Role knowledge and related same-jurisdiction law

Under Article 72 of the 1992 Constitution of Ghana, in what capacity does the President exercise the prerogative of mercy to grant pardons or respites to convicted persons?

  1. In consultation with the Council of State Correct answer.
  2. On the binding advice of the Cabinet
  3. In sole discretion without external consultation
  4. With the prior approval of a two-thirds majority in Parliament

Explanation

Article 72(1) of the 1992 Constitution provides that the President may, acting in consultation with the Council of State, grant a person a pardon, respite, or substitute a less severe punishment.

Question 4Role knowledge and related same-jurisdiction law

Which Article of the 1992 Constitution of Ghana guarantees general freedoms, including the freedom of speech and expression, which includes freedom of the press and other media?

  1. Article 21(1)(a) Correct answer.
  2. Article 12(2)
  3. Article 19(2)
  4. Article 29(1)

Explanation

Article 21(1)(a) of the 1992 Constitution of Ghana guarantees all persons the freedom of speech and expression, which shall include freedom of the press and other media.

Question 5Role knowledge and related same-jurisdiction law

Under Article 75 of the 1992 Constitution, a treaty, agreement or convention executed by the President on behalf of the Republic of Ghana must be ratified by which of the following processes to be binding?

  1. An Act of Parliament or a parliamentary resolution supported by more than half of all Members of Parliament Correct answer.
  2. A binding decision of the Cabinet signed by the President
  3. A two-thirds majority approval of the Council of State
  4. A national referendum approved by at least fifty percent of voters

Explanation

Article 75(2) of the 1992 Constitution states that a treaty, agreement, or convention shall be subject to ratification by an Act of Parliament, or a resolution of Parliament supported by the votes of more than one-half of all the members of Parliament.

Question 6Role knowledge and related same-jurisdiction law

Article 78(1) of the 1992 Constitution dictates that the President must appoint Ministers of State with the prior approval of Parliament. What restriction is placed on the sources of these ministerial appointments?

  1. The majority of Ministers of State must be appointed from among Members of Parliament Correct answer.
  2. All Ministers of State must be appointed from outside of Parliament
  3. No Minister of State may hold a seat in Parliament during tenure
  4. Ministers of State must be nominated by the Council of State first

Explanation

Article 78(1) of the 1992 Constitution of Ghana states that the majority of Ministers of State must be appointed by the President from among Members of Parliament.

Question 7Role knowledge and related same-jurisdiction law

According to Article 129(3) of the 1992 Constitution, what is the status of the Supreme Court of Ghana regarding judicial precedent?

  1. The Supreme Court is not bound to follow its own previous decisions, and all other courts are bound by its decisions Correct answer.
  2. The Supreme Court is strictly bound by its own previous decisions, and other courts are bound by them
  3. The Supreme Court is not bound by its own decisions, and other courts are not bound by them either
  4. The Supreme Court is bound by decisions of the Court of Appeal on questions of fact

Explanation

Article 129(3) states that the Supreme Court may, while treating its own previous decisions as normally binding, depart from them when it appears right to do so; and all other courts shall be bound to follow the decisions of the Supreme Court on questions of law.

Question 8Role knowledge and related same-jurisdiction law

Under Article 107 of the 1992 Constitution of Ghana, Parliament is prohibited from passing any law which has the effect of:

  1. Altering the decision or judgment of any court, or retroactively penalizing any person Correct answer.
  2. Imposing a tax without a national referendum
  3. Abolishing customary law within any region of Ghana
  4. Amending non-entrenched clauses of the Constitution without Council of State approval

Explanation

Article 107(a) and (b) of the Constitution states that Parliament shall have no power to pass any law which alters the decision or judgment of a court in any proceedings, or which retroactively deprives any person of a vested right or penalizes any act or omission.

Question 9Role knowledge and related same-jurisdiction law

What is the significance of Article 108 of the 1992 Constitution of Ghana regarding the legislative process?

  1. It prohibits Parliament from proceeding on private members' bills that impose financial burdens or taxes on public funds unless introduced by the President Correct answer.
  2. It grants the President a pocket veto that cannot be overridden by Parliament
  3. It mandates that all bills must be passed by a unanimous vote of the Cabinet before presentation
  4. It requires the High Court to certify the constitutionality of a bill before it is debated

Explanation

Article 108 restricts Parliament from proceeding on a bill or motion (other than a bill introduced by or on behalf of the President) that imposes a tax, charges public funds, or makes payments from public funds.

Question 10Role knowledge and related same-jurisdiction law

Which constitutional body in Ghana is established under Chapter 18 of the 1992 Constitution with the mandate to investigate violations of fundamental rights, abuse of power, and corruption by public officials?

  1. Commission on Human Rights and Administrative Justice (CHRAJ) Correct answer.
  2. National Commission for Civic Education (NCCE)
  3. The Judicial Council
  4. The Council of State

Explanation

The Commission on Human Rights and Administrative Justice (CHRAJ) is established under Chapter 18 (Article 216) of the 1992 Constitution of Ghana, combining the roles of an ombudsman, human rights commission, and anti-corruption agency.

Question 11Role knowledge and related same-jurisdiction law

Article 14(3) of the 1992 Constitution of Ghana states that any person who is arrested, restricted, or detained must be brought before a court of law within what maximum time limit?

  1. Forty-eight (48) hours Correct answer.
  2. Twenty-four (24) hours
  3. Seventy-two (72) hours
  4. Seven (7) days

Explanation

Article 14(3)(b) of the Constitution provides that any person arrested, restricted, or detained for the purpose of bringing him before a court must be brought before a court within forty-eight hours of arrest.

Question 12Role knowledge and related same-jurisdiction law

According to Article 33(5) of the 1992 Constitution, how should the list of fundamental human rights and freedoms in Chapter 5 be interpreted?

  1. The list is not exhaustive and includes other rights inherent in a democracy and intended to secure human dignity Correct answer.
  2. The list is strictly exhaustive and cannot be expanded except by constitutional amendment
  3. The list applies only to citizens of Ghana and excludes foreign nationals
  4. The list is subordinate to customary law in matters of personal status and inheritance

Explanation

Article 33(5) of the 1992 Constitution of Ghana states that the rights, duties, declarations and guarantees relating to fundamental human rights and freedoms shall not be regarded as excluding others not specifically mentioned which are inherent in a democracy and intended to secure the freedom and dignity of man.

Question 13Role knowledge and related same-jurisdiction law

Under Article 19(11) of the 1992 Constitution of Ghana, a person cannot be convicted of a criminal offence unless:

  1. The offence is defined and the penalty for it is written in a written law Correct answer.
  2. The victim of the offence testifies in open court
  3. The Chief Justice certifies the conviction as legally sound
  4. The Attorney-General personally prosecutes the case in court

Explanation

Article 19(11) of the Constitution establishes the principle of legality: 'No person shall be convicted of a criminal offence unless the offence is defined and the penalty for it is prescribed in a written law.' This outlaws common-law offences that are not codified.

Question 14Role knowledge and related same-jurisdiction law

Under Article 20 of the 1992 Constitution of Ghana, when the state compulsorily acquires private property for public use, what is the constitutional requirement regarding compensation?

  1. Prompt payment of fair and adequate compensation must be made, with a right of access to the High Court Correct answer.
  2. Compensation is paid only if the owner has no other source of income
  3. The state is permitted to defer compensation indefinitely if in a state of financial distress
  4. Compensation must be paid in land of equivalent size in another region

Explanation

Article 20(2) of the 1992 Constitution requires that the compulsory acquisition of property by the State must be under a law which makes provision for the prompt payment of fair and adequate compensation, and secures a right of access to the High Court for any person having an interest in the property.

Question 15Role knowledge and related same-jurisdiction law

Under Article 31 of the 1992 Constitution, which of the following is required for the President to declare a state of emergency in Ghana?

  1. Acting in consultation with the Council of State Correct answer.
  2. The prior consent of a majority of the Regional Ministers
  3. A declaration signed jointly by the President and the Chief Justice
  4. The prior approval of a three-fourths majority of the Cabinet

Explanation

Article 31(1) of the 1992 Constitution of Ghana provides that the President may, acting in consultation with the Council of State, by Proclamation, declare that a state of emergency exists in Ghana or in any part of Ghana.

Question 16Role knowledge and related same-jurisdiction law

Which article of the 1992 Constitution establishes the independence of the Judiciary and states that neither the President nor Parliament shall interfere with judicial functions?

  1. Article 125(1)
  2. Article 127(1) Correct answer.
  3. Article 131(1)
  4. Article 137

Explanation

Article 127(1) of the 1992 Constitution guarantees the independence of the Judiciary, stating that in the exercise of the judicial power of Ghana, the Judiciary, in both its judicial and administrative functions, including financial administration, shall be subject only to this Constitution and shall not be subject to the control or direction of any person or authority. Article 127(2) adds that neither the President nor Parliament shall interfere with judges or judicial officers in the exercise of their judicial functions.

Question 17Role knowledge and related same-jurisdiction law

What is the constitutional process for amending an 'entrenched' provision of the 1992 Constitution of Ghana?

  1. A bill passed by Parliament must be submitted to a national referendum and obtain at least 40% voter turnout with 75% approval Correct answer.
  2. A simple majority vote in Parliament followed by approval of the Judicial Council
  3. A two-thirds majority vote in Parliament and consultation with the Council of State without a referendum
  4. The President issues a decree which is gazetted for ninety days

Explanation

Article 290 of the 1992 Constitution requires that a bill for the amendment of an entrenched provision must be referred to a national referendum, where at least forty percent of registered voters vote, and at least seventy-five percent of those voting vote in favor of the bill.

Question 18Role knowledge and related same-jurisdiction law

Under the common law 'postal rule' of acceptance, when is an acceptance deemed legally effective?

  1. As soon as the letter of acceptance is posted, provided it is properly stamped and addressed Correct answer.
  2. When the letter of acceptance actually reaches the offeror's physical address
  3. When the offeror opens and reads the letter of acceptance
  4. When the post office delivers the letter to the offeror's agent

Explanation

The postal rule (established in Adams v Lindsell) states that where acceptance by post is contemplated, acceptance is complete and contract formed the moment the letter of acceptance is posted, regardless of any delay or loss in transmission.

Question 19Role knowledge and related same-jurisdiction law

Section 8(1) of the Contracts Act, 1960 (Act 25) of Ghana alters the common law rule on revocation of offers. What does it provide?

  1. A promise to keep an offer open for a given period is not invalid for want of consideration if made in writing Correct answer.
  2. An offer cannot be revoked once the offeree has read it, even if no timeframe was specified
  3. An offer must be kept open for a minimum of fourteen days in all commercial transactions
  4. An offer made orally is automatically irrevocable for twenty-four hours

Explanation

Under Section 8(1) of the Contracts Act, 1960 (Act 25) of Ghana, a promise to keep an offer open for a specified time shall not be invalid for want of consideration if it is made in writing, thereby altering the common law rule where such promises were revocable unless supported by consideration.

Question 20Role knowledge and related same-jurisdiction law

Under Section 10 of the Contracts Act, 1960 (Act 25) of Ghana, what is the legal effect of a promise to waive a debt or release an obligation?

  1. The promise is binding on the promisor without consideration if the promise is performance-based or supported by writing Correct answer.
  2. The promise is void unless the debtor pays at least ten percent of the debt
  3. The promise is valid only if executed as a deed under seal
  4. The promise is voidable at the option of the creditor's bank

Explanation

Section 10 of the Contracts Act, 1960 (Act 25) provides that a promise to waive a debt or release a person from an obligation is binding without consideration, abolishing the common law rule in Pinnel's Case and Foakes v Beer.

Question 21Role knowledge and related same-jurisdiction law

How does Section 9 of the Contracts Act, 1960 (Act 25) of Ghana address the performance of a pre-existing legal or contractual duty as consideration?

  1. The performance of, or promise to perform, an act which the person was already bound to perform is sufficient consideration Correct answer.
  2. It declares that pre-existing duties can never constitute valid consideration
  3. It requires that pre-existing duties must be renegotiated in court to be valid
  4. It states that performing a pre-existing duty only counts if done by a third party

Explanation

Section 9 of Act 25 states that the performance of, or promise to perform, an act which a person is already bound by law or contract to perform shall be deemed to be sufficient consideration, solving the common law difficulties seen in Stilk v Myrick.

Question 22Role knowledge and related same-jurisdiction law

In the law of contract, what is the meaning of the rule that 'consideration must be sufficient but need not be adequate'?

  1. Consideration must have some value in the eyes of the law, but the courts will not investigate whether it is a fair exchange Correct answer.
  2. Consideration must be of equal financial value to the promise received
  3. Consideration must be paid in legal tender of the Republic of Ghana
  4. Consideration must satisfy a reasonable man test before the contract is formed

Explanation

Sufficiency refers to whether the consideration is something of value recognized by law (e.g., a peppercorn). Adequacy refers to the economic fairness of the transaction, which the courts do not evaluate, leaving parties free to contract.

Question 23Role knowledge and related same-jurisdiction law

What is the statutory exception to the doctrine of privity of contract created by Section 5 of the Contracts Act, 1960 (Act 25) of Ghana?

  1. A third party who is not a party to a contract may enforce a provision of the contract if it purports to confer a benefit on him Correct answer.
  2. A contract cannot be enforced by anyone who is not a direct signatory to the written deed
  3. Only state-owned enterprises are exempt from the rules of privity of contract
  4. Privity of contract is abolished only for contracts relating to the sale of family lands

Explanation

Section 5(1) of the Contracts Act, 1960 (Act 25) provides that a provision in a contract which purports to confer a benefit on a person who is not a party to the contract, whether as a designated individual or as a member of a class, may be enforced by that person.

Question 24Role knowledge and related same-jurisdiction law

Which of the following is true regarding a minor's capacity to contract under the law of contract in Ghana?

  1. Contracts for necessaries bind the minor, while other contracts are generally voidable or void Correct answer.
  2. All contracts entered into by a minor are strictly void ab initio
  3. A minor is fully bound by all commercial contracts if they are over the age of twelve
  4. A contract with a minor is enforceable by the minor only if approved by the High Court

Explanation

Under Ghanaian law, a minor (under 18 years) has limited capacity. Contracts for necessaries (goods or services suitable to their condition in life and required at the time of sale) are binding, while other contracts are voidable at the minor's option or void.

Question 25Role knowledge and related same-jurisdiction law

Where both parties to a contract enter into the agreement under a shared, fundamental mistake regarding the existence of the subject matter, the contract is classically:

  1. Void at common law Correct answer.
  2. Voidable at the option of the buyer
  3. Frustrated, requiring apportionment under Act 25
  4. Enforceable with damages for breach of warranty

Explanation

A common mistake as to the existence of the subject matter (res extincta) prevents contract formation, making it void at common law because there is no consensus ad idem.

Question 26Role knowledge and related same-jurisdiction law

To succeed in an action for fraudulent misrepresentation, the plaintiff must prove that the false statement of fact was made by the defendant:

  1. Knowingly, or without belief in its truth, or recklessly, careless whether it be true or false Correct answer.
  2. Negligently, in breach of a duty of care owed to the plaintiff
  3. Innocently, believing the statement to be true when it was actually false
  4. Orally only, as written statements cannot support fraud in contract

Explanation

As laid down in Derry v Peek, fraudulent misrepresentation (deceit) requires proof that the representation was made knowingly, without belief in its truth, or recklessly, careless whether it be true or false.

Question 27Role knowledge and related same-jurisdiction law

What is the legal effect of a contract entered into under economic duress?

  1. The contract is voidable, allowing the victim to rescind the contract provided they do not affirm it Correct answer.
  2. The contract is void ab initio, and no title to property can pass under it
  3. The contract is illegal and cannot be enforced by either party
  4. The contract is automatically reformed by the court to reflect fair market terms

Explanation

Duress (including economic duress) vitiates consent, making the resulting contract voidable rather than void. The victim must act promptly to rescind the contract, as delay or affirmation can bar relief.

Question 28Role knowledge and related same-jurisdiction law

Under the doctrine of undue influence, where a fiduciary or confidential relationship exists between the parties (e.g., doctor and patient):

  1. There is a rebuttable presumption of undue influence, shifting the burden of proof to the stronger party to show the transaction was entered into freely Correct answer.
  2. The contract is strictly void and cannot be ratified by the parties
  3. The weaker party must prove actual coercion and threats of violence
  4. The contract is valid only if registered with the Registrar-General

Explanation

In relationships of trust and confidence, the law presumes undue influence if a transaction occurs that calls for explanation. The burden of proof shifts to the dominant party to show the other party exercised free and independent judgment.

Question 29Role knowledge and related same-jurisdiction law

How are the rights and liabilities of parties adjusted upon the frustration of a contract under Part I of the Contracts Act, 1960 (Act 25) of Ghana?

  1. All sums paid before the frustration are recoverable, and sums payable cease to be payable, subject to allowance for expenses incurred Correct answer.
  2. The loss lies where it falls, meaning no money paid before the frustrating event can be recovered
  3. The contract is kept alive, and parties must perform as closely as possible to the original terms
  4. The court will order the defendant to pay full damages for non-performance as if they breached the contract

Explanation

Part I of Act 25 regulates frustrated contracts, providing that money paid before frustration is recoverable and money payable ceases to be payable, but allowing the court to permit retention of sums for expenses incurred.

Question 30Role knowledge and related same-jurisdiction law

In Hadley v Baxendale, the court established the rules governing remoteness of damage in contract. Under the first limb of this rule, a plaintiff can recover damages for losses that:

  1. Arise naturally, in the usual course of things, from the breach itself Correct answer.
  2. Were specifically communicated to the defendant at the time of contracting as potential results of a breach
  3. Are punitive in nature, designed to deter future breaches
  4. Represent the subjective emotional distress suffered by the plaintiff

Explanation

The first limb of Hadley v Baxendale allows recovery of damages that arise naturally, i.e., according to the usual course of things, from the breach of contract itself, as they are presumed to be in the contemplation of the parties.

Question 31Role knowledge and related same-jurisdiction law

Which of the following describes the remedy of specific performance in Ghanaian contract law?

  1. An equitable, discretionary remedy that orders a party to perform their contractual obligation, granted only when damages are inadequate Correct answer.
  2. A common law remedy available as of right to any party who proves a breach of contract
  3. A penalty order designed to punish a defaulting party by doubling their liability
  4. An order that is routinely granted in contracts for personal service or employment

Explanation

Specific performance is an equitable, discretionary remedy, not available as of right. It is only granted where damages are inadequate (e.g., contracts for unique land or rare goods) and is barred in personal service contracts.

Question 32Role knowledge and related same-jurisdiction law

Under Ghanaian law, what is the effect of a clause in a contract that pre-estimates damages for breach as a 'penalty' rather than 'liquidated damages'?

  1. The clause is unenforceable, and the court will assess the actual loss suffered by the plaintiff Correct answer.
  2. The court will enforce the penalty clause strictly to deter breaches of contract
  3. The entire contract is declared illegal and void
  4. The defendant is arrested for civil contempt

Explanation

If a clause is held to be a penalty (an extravagant sum designed to terrify the defaulting party rather than a genuine pre-estimate of loss), it is unenforceable. The court will strike the clause and award standard unliquidated damages.

Question 33Role knowledge and related same-jurisdiction law

Under the Contracts Act, 1960 (Act 25) of Ghana, how is a promise made by one person to another to perform an act for the benefit of a third party classified?

  1. It is a valid contract that can be enforced by the third party directly under Section 5 Correct answer.
  2. It is a void agreement because the third party did not provide consideration to the promisor
  3. It is a unilateral gift that can only be enforced by the donor
  4. It is voidable at the option of the President of Ghana

Explanation

Under Section 5 of Act 25, a contract that purports to confer a benefit on a third party is valid and can be enforced directly by the third party, which is a major statutory exception to the privity doctrine.

Question 34Role knowledge and related same-jurisdiction law

In the tort of negligence, which case established the foundational 'neighbour principle' for determining the existence of a duty of care?

  1. Donoghue v Stevenson Correct answer.
  2. Caparo Industries plc v Dickman
  3. Hadley v Baxendale
  4. Rylands v Fletcher

Explanation

Donoghue v Stevenson [1932] AC 562 established the 'neighbour principle' by Lord Atkin: you must take reasonable care to avoid acts or omissions which you can reasonably foresee would be likely to injure your neighbour.

Question 35Role knowledge and related same-jurisdiction law

How is the standard of care of a professional (such as a doctor or lawyer) assessed when negligence is alleged?

  1. The standard is that of a reasonable, competent member of that specific profession (the Bolam test) Correct answer.
  2. The standard is that of the absolute best practitioner in the field
  3. The standard is that of the ordinary reasonable man on the street
  4. The standard is subjective, based on the specific practitioner's years of experience

Explanation

The Bolam test (Bolam v Friern Hospital) dictates that a professional is not negligent if they act in accordance with a practice accepted as proper by a responsible body of professional opinion, representing the standard of a competent professional.

Question 36Role knowledge and related same-jurisdiction law

What is the legal effect of the doctrine of res ipsa loquitur in a negligence trial?

  1. It raises a prima facie presumption of negligence, shifting the evidential burden to the defendant to explain how the accident happened without negligence Correct answer.
  2. It immediately awards summary judgment and damages to the plaintiff
  3. It excludes all circumstantial evidence, requiring direct eye-witness testimony
  4. It insulates the defendant from liability if the accident was an act of God

Explanation

Res ipsa loquitur ('the thing speaks for itself') applies when the accident is of a kind that does not normally happen without negligence, and the instrument of harm was in the defendant's exclusive control. It shifts the burden to the defendant to show a non-negligent explanation.

Question 37Role knowledge and related same-jurisdiction law

In establishing factual causation in the tort of negligence, the plaintiff must satisfy which test?

  1. The 'but for' test Correct answer.
  2. The reasonable foreseeability test
  3. The neighbor proximity test
  4. The eggshell skull test

Explanation

Factual causation is determined by the 'but for' test (Barnett v Chelsea & Kensington Hospital): but for the defendant's breach of duty, would the plaintiff have suffered the damage? If yes, the breach did not cause the damage.

Question 38Role knowledge and related same-jurisdiction law

Under the rule established in The Wagon Mound (No. 1), how is the remoteness of damage in negligence determined?

  1. The defendant is only liable for damage that was of a reasonably foreseeable kind or type Correct answer.
  2. The defendant is liable for all direct consequences of their breach, regardless of foreseeability
  3. The defendant is only liable for physical injuries, not property damage
  4. The defendant is liable only if the exact manner in which the injury occurred was foreseeable

Explanation

The Wagon Mound (No. 1) established that the test for remoteness of damage in negligence is reasonable foreseeability of the kind or type of damage suffered. The defendant is not liable for unforeseeable types of harm.

Question 39Role knowledge and related same-jurisdiction law

To establish vicarious liability, what two elements must the plaintiff prove?

  1. An employer-employee relationship and that the tort was committed in the course of employment Correct answer.
  2. A contract of service and that the employer personally approved the tortious act
  3. A partnership agreement and that the damage exceeded a specific financial threshold
  4. A principal-agent relationship and that the agent acted outside the scope of their authority

Explanation

Vicarious liability requires an employment relationship (contract of service, not independent contractor) and that the employee committed the tort while acting in the course of their employment.

Question 40Role knowledge and related same-jurisdiction law

Under what circumstances is an employer NOT vicariously liable for a tort committed by an employee who deviates from their duties?

  1. When the employee is on a 'frolic of their own,' acting entirely outside the scope of employment for personal reasons Correct answer.
  2. When the employee violates a specific safety instruction of the employer while performing their job
  3. When the employee commits a criminal act during working hours
  4. When the employee's contract has not been registered with the Labour Commission

Explanation

If an employee is on a 'frolic of his own' (Joel v Morison), acting entirely outside the scope of employment for personal purposes, the employer is not vicariously liable as the connection to the employment is severed.

Question 41Role knowledge and related same-jurisdiction law

Which of the following is a key legal distinction between libel and slander in the law of defamation?

  1. Libel is in a permanent form and is actionable per se; slander is in a temporary form and generally requires proof of special damage Correct answer.
  2. Libel applies only to statements about public figures; slander applies to private citizens
  3. Libel is a criminal offence only; slander is a civil tort only
  4. Libel requires proof of actual malice in all cases; slander does not

Explanation

Libel is defamation in a written or permanent form (such as print or broadcast) and is actionable per se (without proving financial loss). Slander is spoken or temporary and requires proof of special (financial) damage, subject to limited exceptions.

Question 42Role knowledge and related same-jurisdiction law

In a civil action for defamation in Ghana, how does the defence of justification operate?

  1. It is a complete defence if the defendant proves that the defamatory statement of fact is substantially true Correct answer.
  2. It allows the defendant to escape liability by showing they had a good motive for publishing the lie
  3. It requires the defendant to publish a retraction in a national newspaper within seven days
  4. It is available only to Members of Parliament speaking on the floor of the House

Explanation

Justification (truth) is a complete defense to a civil action for defamation. If the defendant proves that the statement is substantially true, the plaintiff's reputation has not been unlawfully harmed.

Question 43Role knowledge and related same-jurisdiction law

The defence of qualified privilege in defamation is defeated if the plaintiff can prove that the defendant:

  1. Was motivated by express malice Correct answer.
  2. Did not obtain prior legal advice before publishing
  3. Failed to prove the statement was completely true
  4. Published the statement to more than ten people

Explanation

Qualified privilege protects statements made in the performance of a duty or protection of an interest. However, this protection is lost (defeated) if the plaintiff proves the statement was made with express malice (spite, ill-will, or knowledge of falsity).

Question 44Role knowledge and related same-jurisdiction law

In the tort of trespass to the person, which of the following constitutes an assault?

  1. An act that causes the plaintiff to reasonably apprehend the immediate application of unlawful physical force Correct answer.
  2. The actual, direct application of unlawful physical force to the plaintiff's body
  3. Restricting the plaintiff's freedom of movement in all directions without authority
  4. Directly throwing an object at a person that misses and goes unnoticed by them

Explanation

Assault is an act that causes the plaintiff to reasonably fear or apprehend immediate unlawful contact. No physical contact is required.

Question 45Role knowledge and related same-jurisdiction law

To succeed in an action for false imprisonment, what must the plaintiff establish regarding the nature of the restraint?

  1. There must be a total restraint of the plaintiff's liberty in all directions without lawful justification Correct answer.
  2. The plaintiff must have been locked in a room or cell for at least twenty-four hours
  3. The restraint must have been accompanied by physical violence or threat of force
  4. The plaintiff must have suffered physical injury as a result of the detention

Explanation

False imprisonment requires a total restraint of the plaintiff's freedom of movement without legal justification (Bird v Jones). If there is a reasonable means of escape, the restraint is not total, and the tort is not committed.

Question 46Role knowledge and related same-jurisdiction law

Which of the following is a key characteristic of the tort of trespass to land?

  1. It is actionable per se, meaning the plaintiff does not need to prove that they suffered actual damage Correct answer.
  2. The plaintiff must hold the allodial title to the land to bring an action
  3. The defendant's entry onto the land must be proven to have been malicious
  4. It applies only if the land is registered under the Land Act, 2020

Explanation

Trespass to land is the direct, unauthorized entry onto land in the possession of another. It is actionable per se, meaning the mere entry is a tort, and no physical damage to the land needs to be shown.

Question 47Role knowledge and related same-jurisdiction law

What is the standard for determining liability in an action for private nuisance?

  1. The interference with the use and enjoyment of land must be unreasonable and substantial, based on an objective standard Correct answer.
  2. The defendant must be proven to have acted with the intent to injure the plaintiff
  3. The plaintiff must show that the activity decreased the market value of their property by at least fifty percent
  4. The defendant is strictly liable for any noise or smell escaping their property

Explanation

Private nuisance is the unlawful, indirect interference with a person's use or enjoyment of land. The interference must be substantial and unreasonable, determined objectively by balancing the interests of the parties.

Question 48Role knowledge and related same-jurisdiction law

To establish liability under the rule in Rylands v Fletcher, the plaintiff must prove that the defendant:

  1. Brought onto their land something likely to do mischief if it escapes, constituting a non-natural use of the land, which did escape and cause damage Correct answer.
  2. Acted negligently in failing to maintain a boundary wall
  3. Directly threw a dangerous substance onto the plaintiff's land
  4. Intentionally set fire to the plaintiff's crops

Explanation

The rule in Rylands v Fletcher establishes strict liability for the escape of dangerous things brought onto land during a non-natural use of the land. The elements are: bringing onto land/accumulating, something likely to do mischief, escape, and non-natural use.

Question 49Role knowledge and related same-jurisdiction law

Under the rules of occupier's liability, what duty does an occupier of premises owe to a lawful visitor?

  1. A common duty of care to take reasonable steps to ensure the visitor is reasonably safe in using the premises for the permitted purpose Correct answer.
  2. An absolute duty to ensure the visitor suffers no injury whatsoever while on the premises
  3. No duty of care, as visitors enter premises entirely at their own risk
  4. A duty only to warn of hidden traps, with no duty to maintain physical safety

Explanation

An occupier owes a common duty of care to lawful visitors to take reasonable care to keep them safe. This does not make the occupier an absolute insurer of safety, but requires reasonable maintenance and warnings.

Question 50Role knowledge and related same-jurisdiction law

For the defence of volenti non fit injuria (voluntary assumption of risk) to succeed in a tort claim, the defendant must prove that the plaintiff:

  1. Had full knowledge of the nature and extent of the risk and freely consented to run that risk Correct answer.
  2. Signed a written waiver of liability before the activity commenced
  3. Contributed to their own injury by acting carelessly
  4. Was engaging in an illegal activity at the time of the injury

Explanation

Volenti non fit injuria is a complete defense. It requires proof that the plaintiff had full knowledge of the risk (scientific) and voluntarily agreed to waive any claim for injury (voluntary assumption).