- 20 Marks
Title: BCL – L1 – Q20 – Contract Law
Question
After successfully going through the recruitment and selection, Mercy was verbally requested to start work on a specified date as Operations Manager. Mercy reported as requested and was again asked to wait while her office was being furnished. She was given another date to report and commence work. When she reported on the said date, Mercy was informed that the job was no more available but there was another job with a lower salary which was available immediately. Mercy was informed that she had two (2) days to accept the offer.
Required:
Mercy has approached you to advise her on her contractual rights.
Answer
- Candidate is to state that the question falls under law of contract.
- Candidate is to explain offer and indicate some of its principles such as offer can be written, oral or implied by conduct; offers must be communicated and will remain open until there is lapse of time or until it is terminated.
- Candidate is also to explain acceptance, its communication and validity of acceptance with relevant decided cases.
- Candidate is to make the case that there was a contract between Mercy and the company since a contract can be formed by words of mouth (Oral Contract) and Mercy was offered a specific position (Operation Manager) which she accepted and was asked to report on a specified date.
- The company breached the contract not only when they offered a lower level job to Mercy but also when they were not able to engage her at the time she reported to work on the agreed specified date.
- Candidate is to state the remedies available for breach of contract which includes Damages, or part performance.
- Tags: Breach of Contract, Contract Formation, Oral Contract, Remedies
- Level: Level 1
- Topic: Contract Law
- Uploader: Samuel Duah