JH Mensah v Attorney General Quiz & Flashcards

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Questions and Answers

What was the main reason for the court to determine that the action was not moot?

There was a likelihood of a similar matter repeating itself in the future (correct)

The government had retracted its position

The plaintiff insisted on pursuing the case further

The incumbent Parliament refused to approve the ministers

Why did the Minority Leader bring the action against the President's decision to retain ministers without parliamentary approval?

To prevent any minister from assuming office without approval (correct)

To highlight the need for transparency in government appointments

To test the constitutionality of ministerial appointments without approval

To challenge the legality of decisions made by the incumbent Parliament

What did the court rule regarding the requirement for approval before assuming office as a minister or deputy minister?

Approval was needed only for fresh ministers, not retained ones

Approval was not necessary for either fresh or retained ministers

Approval was required for both fresh and retained ministers or deputy ministers (correct)

Approval was only necessary for certain ministerial positions

Why was the issue of mootness raised as a preliminary objection by the defendant?

To argue that the action was irrelevant due to subsequent events Signup and view all the answers

Why is it important for subsequent events to prove that an action cannot be reasonably expected to recur for it to be declared moot?

To provide guidance to future Parliaments and governments Signup and view all the answers

What was the plaintiff's primary argument against ministers assuming office without parliamentary approval?

It undermined the authority of Parliament Signup and view all the answers

What is the purpose of acceptance in contract law?

To establish agreements between parties Signup and view all the answers

Which form of acceptance occurs when there is no explicit statement of agreement but actions imply acceptance?

Implied acceptance Signup and view all the answers

When is a contract considered legally binding according to the text?

When acceptance is communicated to the offeror Signup and view all the answers

In what situation does acceptance by conduct typically occur in contract law?

When actions imply agreement without explicit communication Signup and view all the answers

What distinguishes express acceptance from implied acceptance in contract law?

Express acceptance involves direct verbal agreement, while implied acceptance relies on actions. Signup and view all the answers

What role does communication play in the concept of acceptance in contract law?

It is crucial to signify mutual agreement and make the contract binding. Signup and view all the answers

What is a key condition that must be met for acceptance to be valid under contract law?

Acceptance must be communicated to the offeror clearly and unequivocally. Signup and view all the answers

When is a contract formed after acceptance?

Upon fulfillment of specific conditions if it's a conditional acceptance. Signup and view all the answers

Under what circumstances can an offeror revoke their offer?

Before the offeree accepts the offer. Signup and view all the answers

Why is it important for acceptance to be timely?

To prevent the offeror from revoking the offer. Signup and view all the answers

What happens if an acceptance is found to be ambiguous?

The acceptance is considered invalid and the contract is not formed. Signup and view all the answers

When may an offeror not revoke their offer after acceptance has been communicated?

If the offeror has acted in a way that led the offeree to believe the offer will not be revoked. Signup and view all the answers

Study Notes

Court Decision on Mootness

The court determined the action was not moot due to ongoing relevance and public interest in the issues at stake.
The Minority Leader challenged the President's decision to retain ministers without parliamentary approval, arguing this violated constitutional requirements.

Rulings on Ministerial Approval

The court ruled that parliamentary approval is necessary before any individual can assume the role of a minister or deputy minister, reinforcing the system of checks and balances.

Preliminary Objection of Mootness

The defendant raised mootness as a preliminary objection, suggesting that the decision or event had resolved itself and thus lacked actionable relevance.

Importance of Recurrence in Mootness

Subsequent events must demonstrate that the action cannot reasonably be expected to repeat, establishing that it cannot be declared moot.

Plaintiff’s Argument on Parliamentary Approval

The plaintiff's primary argument against ministers assuming office without parliamentary approval centered on the principle of accountability and adherence to democratic processes.

Purpose of Acceptance in Contract Law

Acceptance in contract law signifies agreement to the terms of the offer, forming the foundation of a legally binding contract.

Implied Acceptance

Implied acceptance occurs when there is no explicit agreement but the actions of the parties suggest they agree to the contract terms.

Legally Binding Contracts

A contract is deemed legally binding when there is mutual assent, consideration, and the agreement is not for an illegal purpose.

Situation for Acceptance by Conduct

Acceptance by conduct typically arises in situations like informal agreements or ongoing business relationships where actions indicate consent.

Distinction Between Express and Implied Acceptance

Express acceptance involves a clear, spoken, or written agreement, while implied acceptance relies on actions that suggest agreement without verbal confirmation.

Communication in Acceptance

Communication is vital; it establishes the parties’ awareness and intention regarding the acceptance of the offer.

Validity Conditions for Acceptance

For acceptance to be valid under contract law, it must be communicated to the offeror, indicating the acceptance of terms.

Formation of Contract After Acceptance

A contract is formed once acceptance is communicated, indicating that both parties agree to the terms set forth.

Offeror’s Right to Revoke

An offeror can revoke their offer anytime before acceptance is communicated; however, if acceptance has been received, the offer becomes binding.

Timeliness of Acceptance

Acceptance must be timely to prevent the offeror from losing the opportunity to contract, ensuring that both parties’ intentions align.

Ambiguous Acceptance Consequences

Ambiguous acceptance may lead to misunderstandings and potential disputes regarding the terms of the contract, complicating enforcement.

Restrictions on Revocation Post-Acceptance

An offeror may not revoke their offer if acceptance has already been communicated and fulfillment or consideration has begun.

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Description

Learn about the case of JH Mensah v Attorney General, where the plaintiff challenged the re-appointment of ministers and deputy ministers by President Rawlings without parliamentary approval. Understand the constitutional implications of the situation.

JH Mensah v Attorney General: Brief Facts

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