Tag (SQ): Damages
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BCL – L1 – SA – Q53 – Contract Law
Situations where exemplary damages are allowed.
Question
Exemplary damages are
A allowed in case of dishonour of a cheque by a banker having sufficient funds
B the difference between the contract price and the market price
C allowed where in case of breach of a contract, the plaintiff has not suffered any loss.
D none of these
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- Tags: Breach of Contract, Contract Law, Damages, Exemplary Damages
- Level: Level 1
- Topic: Contract Law
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BCL – L1 – SA – Q31 – Contract Law
Outcome of a lawsuit for breach of a lease agreement.
Question
Patricia rented an apartment to David for $500 per month. Patricia and David signed a one-year lease, to be effective beginning January 1st. After three months, David decided that he did not like the apartment. He gave Patricia a 30-day written notice, stating that he would vacate the rental unit at the end of the thirty days, which was April 30th. Upon receipt of David’s notice, Patricia made reasonable efforts to find a new tenant. Nevertheless, the apartment remained vacant from May 1st through June 30th. Patricia re-rented the apartment beginning July 1st for one year. Patricia sues David in small claims court. What is the likely outcome?
A. Patricia is entitled to the balance of the lease, or $4,000, because David did not have a valid reason to breach the contract.
B. Patricia is entitled to nothing because David gave Patricia thirty-days written notice.
C. Patricia is entitled to $1,000, because she tried to find another tenant immediately upon learning of David’s intent to breach the contract but was unable to re-lease the apartment until July 1st.
D. Patricia is entitled to $500, which represents one- month’s rent.
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- 1 Marks
BCL – L1 – SA – Q20 – Tort
Assesses negligence liability in a car accident.
Question
David was negligently driving south on Market Avenue when his car rear-ended a car driven by Patricia. The force of the impact forced Patricia to rear-end Thomas’ car. In turn, the force of the second impact caused Thomas’ car to hit a lamppost, which then fell on a house owned by Paul. The force of the impact scared Paul, causing him to immediately have a heart attack. Paul sues David for negligence. If Paul recovers, the most likely reason is:
A Paul was able to prove that David proximately caused Paul’s injuries.
B Paul was able to prove that the damages he suffered were caused by David.
C Paul was able to prove that David breached a duty of due care owed by David to Paul.
D Paul was able to prove all the above (a, b & c).
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- 20 Marks
BCL – L1 – Q34 – Tort
Advise David on remedies for trespass to land and damages from a traffic accident.
Question
David, aged 25, is a premiership footballer who lives in a large house at Adenta in Accra. His girlfriend Clara and their one-year-old daughter, Afi, live with him and the house has a swimming pool in the garden. Samuel, who lives next door to David, has erected a canopy for parking vehicles, which is four metres high, close to the fence with David’s garden and passing over the boundary into David’s airspace.
Two weeks ago, Kwame, a farmer, was driving his tractor towards Nima round-about at high speed and he lost control of the tractor. It suddenly crossed the middle of the road and collided with David’s new sports car. David was unable to avoid the collision and he suffered broken ribs and a broken leg as a result of the impact. David was taken to hospital for treatment and was in pain for a week. Doctors had to amputate his damaged leg. As a result, he is unable to play football again and has found a job as a sports reporter on his local newspaper at a modest salary. He is unable to continue his hobby of ballroom dancing too.
(a) Advise David of the remedies he may obtain in respect of the above torts.
(b) Assume David was killed in the accident, advise Clara of any claim she may have in respect of the traffic accident only.
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- 10 Marks
BCL – L1 – Q30 – Negligence
Define professional negligence in the context of a hospital case.
Question
Beatrice Yeboah reported to Dunkwa Government Hospital with a deep cut on her ankle for treatment. No medical doctor was immediately available to attend to her but as a result of her profuse bleeding, Emmanuel a janitor who has observed several minor surgical operations offered to conduct the surgery with the support of a Nurse. Upon discharge from the hospital, Beatrice who did not realize that Emmanuel was a janitor noticed that she had suffered permanent numbness in her left leg. In the circumstance, she intends taking legal action against the hospital as the management of the hospital is repudiating liability for her impaired condition.
Beatrice has just heard that you were the most outstanding law student of your class and she has approached you on the following:
(a) What is professional negligence
(b) Advice on the options available to her
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- 20 Marks
BCL – L1 – Q28 – Tort and Nuisance
Identify types of nuisance torts in Agye’s case against Kwickbuild Ltd.
Question
Kwame lives in a quiet residential area. Next door, Fastbuild Ltd, is carrying out extensive building works to a dilapidated old house. The builders who are working from dawn to dusk, seven (7) days a week, used a crane which passes over Kwame’s house. Kwame and his family are annoyed by the dust, dirt, and noise caused by the building works.
Required:
(a) Identify the types of torts of nuisance.
(b) What TWO (2) conditions must be present for a conduct to constitute nuisance.
(c) Advise Asantewaa as to her legal position.
(d) State TWO (2) legal remedies available to her.
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- 20 Marks
BCL – L1 – Q23 – Breach of Contract
Determine if a defective tractor hire constitutes a breach of condition or warranty.
Question
Akosua Mensah, a businesswoman, who had a contract to supply timber logs to Asante Timber Co. Ltd, hired a tractor from Mavis Boateng, at a rate of GH $1,000.00 a day to enable her to haul the timber logs from her timber concession in Asankrangwa. Under the agreement, Akosua Mensah paid a deposit of GH $10,000.00. It is the case of Akosua Mensah that Mavis Boateng assured her that her tractor was in good condition and could haul at least 30 logs a day.
Akosua Mensah, however, found the tractor to be defective almost from the beginning, with the tractor hauling a maximum of seven (7) logs a day, and a total of 60 logs during a period of a little over one month. Akosua Mensah brought an action for damages for breach of contract. The Court awarded Akosua Mensah special damages of GH $20,000.00 on the basis of total failure of consideration.
Required:
(a). Explain whether in the circumstance of the case, there was either a breach of condition of the contract or a breach of warranty.
Explain in THREE (3) ways whether the court was justified in the award of GH $20,000.00 to Akosua Mensah for the failure of consideration.
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- Tags: Contract Law, Damages, Failure of Consideration, Part Performance, Remedies
- Level: Level 1
- Topic: Contract Law
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- 20 Marks
BCL – L1 – Q21 – Privity of Contract
Explain the term 'Privity of Contract' in the context of contractual rights and obligations.
Question
(a). Explain the term ‘Privity of Contract’
(b). Femi, aged fifteen (15), completed Secondary School and has approached you with a request to supply your company with building materials including cement and iron rods. The request was from a business enterprise known to your company, PrimeBuild Ltd., which was owned by Femi’s mother, and the request was signed by his mother. A line in the said letter read as follows: ‘You can negotiate the terms of the supply with bearer’.
Required:
Whether or not your company, represented by you, can negotiate with the bearer.
(c). Femi, aged fifteen (15), completed Secondary School and has approached you with a request to supply your company with building materials including cement and iron rods. The request was from a business enterprise known to your company, PrimeBuild Ltd., which was owned by Femi’s mother, and the request was signed by his mother. A line in the said letter read as follows: ‘You can negotiate the terms of the supply with bearer’.
Required:
The rights of the company, in the event of failing to supply the building materials to your company.
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- Tags: Breach of Contract, Contract Law, Damages, Remedies, Specific Performance
- Level: Level 1
- Topic: Contract Law
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- 20 Marks
Title: BCL – L1 – Q19 – Contract Law
Explain the basic elements of a contract for a training consultant engagement.
Question
In building the capacity of staff in Apex Gaming Commission, management has engaged a consultant from Nevada, (a well-known gaming state) under a contract to provide training. Some board members have opposed this engagement of the consultant from Nevada on the ground that their operational jurisdiction is different. In order to ensure that your company has full benefit of the signed contract and also reduce its legal risks, Management has requested you to prepare an Internal Memo to the Chief Executive Officer and explain the following:
(a) the basic elements of a contract
(b) the circumstances under which the contract can be vitiated
(c) the remedies for a breach of contract
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- Tags: Breach of Contract, Damages, Remedies, Specific Performance
- Level: Level 1
- Topic: Contract Law
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