Remedies – Knowsia

BCL – L1 – Q46 – Employment Law

Advise on unfair termination of James Quayle at SkyPure Ltd due to procedural error.

Question

James Quayle, the Deputy Sales and Marketing Manager of SkyPure Ltd, admitted at the Disciplinary Committee hearing that he sold the company products above the approved price and pocketed the difference. He pleaded that Management should temper justice with mercy. His plea was not taken, and he has accordingly been dismissed in line with the Company’s Conditions of Service. Five (5) months later, a member of the senior staff association has advised James Quayle to file a suit for unfair termination as the termination letter was not signed by the Managing Director but the Head of Department as required by the Conditions of Service.

Management is adamant but has approached you for an opinion. You are to advise management in the context of the Labour Act, 2003 (Act 651) and to draw management’s attention to the consequences of unfair termination.

Answer

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Tags: Agency, Employment Law, Labour Act, Remedies, Unfair Termination
Level: Level 1

Topic: Agency

BCL – L1 – Q44 – Leave and Restrictive Covenant

Advise on employee's breach of contract by working for competitor during leave.

Question

(a) Kofi Mensah, a member of staff in your auditing firm requested for and was granted part of his annual leave by management. Thereafter, he submitted a resignation letter to management. A week into his leave, management recalled him in writing to conduct an important exercise. He replied saying that he was unable to come to work. It has been confirmed that Kofi Mensah was unable to return to work because he had started work with a competitor firm.

The service conditions prohibit any worker from working with a competitor within two years after terminating their contract of employment with your firm. Management has referred the issue to you for your advice in reference to the Labour Act, 2003, (Act 651) and other relevant laws.

(b) Discuss two (2) remedies available to those who have been subject to unfair dismissal.

Answer

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Tags: Compensation, Labour Act, Reinstatement, Remedies, Unfair Dismissal
Level: Level 1

Topic: Employment Law

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.

(d) State TWO (2) legal remedies available to her.

Answer

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Tags: Damages, Injunction, Nuisance, Remedies, Tort Law
Level: Level 1

Topic: Tort

BCL – L1 – Q24 – Nature of Transaction

Describe the nature of a promotional offer transaction in two ways.

Question

Nexis Company Limited had for weeks advertised their products in the electronic and print media that “Buy GH $450 worth of products from any of our branches and get one blender free”. The deadline for the promotion was 30 November 2020. Fiifi saw the advertisement and bought products worth GH $600 from one of the branches on 1 October 2020. Fiifi demanded the free blender. However, the salesgirl told him there was no free blender to be given in that branch. An argument then ensued.

Required:

(a). Describe in TWO (2) ways the nature of the transaction.

(b). Determine whether Fiifi should be entitled to the blender.

Answer

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Tags: Breach, Contract Enforcement, Contract Law, Public Offer, Remedies
Level: Level 1

Topic: Contract Law

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.

Answer

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Tags: Contract Law, Damages, Failure of Consideration, Part Performance, Remedies
Level: Level 1

Topic: Contract Law

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.

Answer

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Tags: Breach of Contract, Contract Law, Damages, Remedies, Specific Performance
Level: Level 1

Topic: Contract Law

Title: BCL – L1 – Q20 – Contract Law

Advise Mercy on her contractual rights after a job offer was withdrawn and a lower-paying job offered.

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

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Tags: Breach of Contract, Contract Formation, Oral Contract, Remedies
Level: Level 1

Topic: Contract Law

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

Answer

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Tags: Breach of Contract, Damages, Remedies, Specific Performance
Level: Level 1

Topic: Contract Law

Tag (SQ): Remedies

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BCL – L1 – Q46 – Employment Law

Advise on unfair termination of James Quayle at SkyPure Ltd due to procedural error.

BCL – L1 – Q44 – Leave and Restrictive Covenant

Advise on employee's breach of contract by working for competitor during leave.

BCL – L1 – Q28 – Tort and Nuisance

Identify types of nuisance torts in Agye’s case against Kwickbuild Ltd.

BCL – L1 – Q24 – Nature of Transaction

Describe the nature of a promotional offer transaction in two ways.

BCL – L1 – Q23 – Breach of Contract

Determine if a defective tractor hire constitutes a breach of condition or warranty.

BCL – L1 – Q21 – Privity of Contract

Explain the term 'Privity of Contract' in the context of contractual rights and obligations.

Title: BCL – L1 – Q20 – Contract Law

Advise Mercy on her contractual rights after a job offer was withdrawn and a lower-paying job offered.

Title: BCL – L1 – Q19 – Contract Law

Explain the basic elements of a contract for a training consultant engagement.

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BCL – L1 – Q46 – Employment Law

Advise on unfair termination of James Quayle at SkyPure Ltd due to procedural error.

You're reporting an error for "BCL – L1 – Q46 – Employment Law"

BCL – L1 – Q44 – Leave and Restrictive Covenant

Advise on employee's breach of contract by working for competitor during leave.

You're reporting an error for "BCL – L1 – Q44 – Leave and Restrictive Covenant"

BCL – L1 – Q28 – Tort and Nuisance

Identify types of nuisance torts in Agye’s case against Kwickbuild Ltd.

You're reporting an error for "BCL – L1 – Q28 – Tort and Nuisance"

BCL – L1 – Q24 – Nature of Transaction

Describe the nature of a promotional offer transaction in two ways.

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BCL – L1 – Q23 – Breach of Contract

Determine if a defective tractor hire constitutes a breach of condition or warranty.

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BCL – L1 – Q21 – Privity of Contract

Explain the term 'Privity of Contract' in the context of contractual rights and obligations.

You're reporting an error for "BCL – L1 – Q21 – Privity of Contract"

Title: BCL – L1 – Q20 – Contract Law

Advise Mercy on her contractual rights after a job offer was withdrawn and a lower-paying job offered.

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Title: BCL – L1 – Q19 – Contract Law

Explain the basic elements of a contract for a training consultant engagement.

You're reporting an error for "Title: BCL – L1 – Q19 – Contract Law"

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