Breach of Contract – Page 2

BL – Nov 2011 – L1 – SB – Q2b – Law of Contract

Analyzing the breach of contract claim based on the sale of a car and revocation of an offer.

Question

On 1st of May, Adam saw a car in a local garage with a price tag of N300,000. When he went in to buy it, the garage owner, Bala, laughed and said that the tag must have been wrongly labelled as the actual price of the car was N800,000. However, in the circumstances, he said he would split the difference and let Adam have it for N550,000. Adam asked for time to think about the offer and Bala said he could have three days. Two days later, Adam found out that his friend Chibuzor had bought the car from Bala for N700,000. Adam has decided to sue Bala for breach of contract. Advise Adam.

Answer

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Tags: Breach of Contract, Contract Law, Offer and Acceptance, Revocation of Offer
Level: Level 1

Topic: Law of Contract
Series: NOV 2011

BL – Nov 2011 – L1 – SA – Q20 – Law of Contract

Understanding the term in a contract that gives the party not at fault the right to repudiate.

Question

A term in a contract that gives the party who is not at fault the right to repudiate is a ……………………………….

Answer

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Tags: Breach of Contract, Conditions, Contracts, Repudiation
Level: Level 1

Topic: Law of Contract

BL – Nov 2011 – L1 – SA – Q13 – Law of Contract

Identify the remedy that is always available in a breach of contract.

Question

The remedy that is always available in a breach of contract is:
A. Injunction
B. Restriction
C. Damages
D. Specific performance
E. Quantum meruit

Answer

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Tags: Breach of Contract, Damages, Legal Remedy
Level: Level 1

Topic: Law of Contract
Series: NOV 2011

BL – Nov 2012 – L1 – SB – Q2C – Law of Contract

Explain three remedies for breach of contract.

Question

Explain briefly THREE remedies for breach of contract.

Answer

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Tags: Breach of Contract, Remedies
Level: Level 1

Topic: Law of Contract
Series: NOV 2012

BL – Nov 2015 – L1 – SA – Q14 – Law of Contract

Legal remedy requiring a party to fulfill a contractual promise.

Question

The remedy for a breach of contract which requires the defendant to perform a promise he made under the agreement is
A. Damages
B. Quantum Meruit
C. Injunction
D. Specific performance
E. Recision

Answer

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Tags: Breach of Contract, Contract Law, Legal Remedies, Multiple Choice
Level: Level 1

Topic: Law of Contract
Series: NOV 2015

BL – Nov 2021 – L1 – SB – Q3 – Corporate Governance

Advising on breach of contract in a pharmaceutical company's vaccine offer and differentiating between contracts under seal and simple contracts.

Question

a. A pharmaceutical company advertising its newly developed vaccine made an offer of N1,000,000.00 (One million naira) to anyone who contracted the disease after taking the vaccination administered freely. Daniel accepted the offer, took the vaccine of his own free will, and contracted the disease. The pharmaceutical company has failed to pay him the one million naira.

Required:
Advise Daniel if his action for breach of contract would succeed or fail, giving reasons for your advice. (5 Marks)

b. Explain the difference between a contract under seal and a simple contract. (5 Marks)

c. Promoters usually enter into a contract on behalf of a proposed company.

Required:
Explain the means of validating a pre-incorporation contract and when it becomes invalid. (6 Marks)

d. Ethical codes are codes adopted by professional bodies for differentiating between right and wrong conduct in the performance of members’ professional duties.

Required:
State FOUR objectives of ethical codes. (4 Marks)

Answer

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Tags: Breach of Contract, Contract Law, Corporate Governance
Level: Level 1

Topic: Corporate Governance
Series: NOV 2021

BL – May 2022 – L1 – SB – Q3b – Law of Contract

State five remedies for breach of contract and identify the one most applicable to the scenario.

Question

Christy had contracted ABANDAB Photo Studios to cover her wedding photography and made full payment for the services. However, on the day of the wedding, ABANDAB Photo Studios failed to turn up. Christy had to engage another photographer. She has come to you for advice on the remedies available to a person who is a victim of breach of contract.

Required:
State FIVE remedies available for breach of contract and identify the ONE that suits Christy’s situation and why.

Answer

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Tags: Breach of Contract, Remedies, Wedding Photography
Level: Level 1

Topic: Law of Contract
Series: MAY 2022

BL – Nov 2022 – L1 – SA – Q10 – Law of Contract

Identifying the term for willful failure to perform contract obligations.

Question

A situation in which a party to a contract willfully fails to perform his/her obligations under the contract is referred to as:

A. Breach
B. Defiance
C. Refusal
D. Disobedience
E. Illegality

Answer

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Tags: Breach of Contract, Obligations
Level: Level 1

Topic: Law of Contract
Series: NOV 2022

BL – Nov 2023 – L1 – SB – Q4b – Law of Contract

Discusses the legal implications of non-disclosure in an insurance contract involving Abokhasomi.

Question

Abokhasomi was told that he had kidney problems and lung infection, neither of which he disclosed to the insurer in the proposal form for a health policy. Abokhasomi filled out the proposal form, stating that no health issues were present. The policy was issued after paying the premium. Three months later, he became sick, and a test revealed a lung infection. He now wants the insurer to pay for the treatment, which the insurer has declined on the grounds of non-disclosure.

Required:
State the applicable law and advise the parties. (5 Marks)

Answer

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Tags: Breach of Contract, Contract of Insurance, Insurance Law, Non-Disclosure
Level: Level 1

Topic: Law of Contract
Series: NOV 2023

BL – Nov 2023 – L1 – SB – Q2b – Law of Contract

Discusses the principle of privity in the context of a contract dispute over the sale of Unique Pami products.

Question

Omokaro, a distributor, entered into a contract with Unique Pami Company Limited not to sell their products above ₦25,000 per carton. Umiena bought Unique Pami products from Omokaro below ₦25,000 and agreed with him not to sell the products above ₦25,000 per carton. In breach of the agreement, Umiena is selling Unique Pami products above the ₦25,000 price, and Unique Pami Company is threatening to sue Umiena for the breach of contract.

Required:
State the applicable law and advise the parties. (5 Marks)

Answer

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Tags: Breach of Contract, Legal Advice, Privity of Contract
Level: Level 1

Topic: Law of Contract
Series: NOV 2023

BL – Nov 2019 – L1 – SB – Q6d – Sale of Goods

Explanation of buyer's remedies for breach of contract terms by the seller.

Question

Under sale of goods law, the seller and buyer have obligations to each other.
Required:
Explain briefly THREE remedies available to a buyer for breach of contract terms by the seller. (6 Marks)

Answer

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Tags: Breach of Contract, Buyer remedies, Remedies, Sale of Goods
Level: Level 1

Topic: Sale of Goods
Series: NOV 2019

BL – March July 2020 – L1 – SB – Q3a – Sale of Goods

Legal advice on breach of contract and actions for a seller against a defaulting buyer under the Sale of Goods Act.

Question

Bature Company Limited is a big manufacturer of a special brand of industrial split-unit air conditioners in the country. The company has a standard contract with all its distributors not to sell air conditioners above ₦200,000 per unit so as to make its products attractive in the market, and each distributor also obtained the same undertaking from their customers.

Katifa Ventures, one of the company’s major distributors, sold 20 units at the agreed price of ₦200,000 to Chinedu Enterprises, who resold each at ₦250,000, even though it also signed the undertaking. Bature Company Limited got to know this and intends to take legal action against Chinedu Enterprises.

Required:
Advise Bature Company Limited, explaining the legal issues involved.

Answer

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Tags: Breach of Contract, Contract Law, Legal Advice, Legal Liability, Sale of Goods
Level: Level 1

Topic: Sale of Goods
Series: MAR/JULY 2020

BCL – Apr 2022 – L1 – Q5a – Contract Law

Analyze the legal implications of a tender process where a bid was not considered due to administrative error, and whether this constitutes a breach of contract.

Question

a) The Krachi Assembly having an Airport in its locality grants a single concession to operaters for pleasure flight from the airport. For a period of ten years that licence had been held by the Njoku club. When the concession came up for renewal, the Assembly decided to invite competitive tenders for it. Tenders were to be submitted by 12:00 pm on a given day. The Assembly’s, letter box was not cleared between the time of the club posting its tender and the closing time for the bids, with the result that the club’s tender was not considered.

The club claimed that the Assembly was in breach of a contract as it has not considered all tenders received before the deadline.

Required:

The Njoku club, in the case above, claimed that the Assembly was in breach of a contract for not considering all tenders received before the deadline. Explain. (5 marks)

Answer

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Tags: Breach of Contract, Contract Formation, Invitation to Treat, Tender
Level: Level 1

Topic: Contract Law
Series: APR 2022

BCL – Apr 2022 – L1 – Q2b – Contract Law

Explain breach of contract and available contractual remedies for Essuman and Njama in a scenario involving unfulfilled agreements.

Question

b) Essuman is an Accountant, who agreed with Odumadze, a garage proprietor, that he will assist Odumadze with his annual tax returns if Odumadze would service his car for him. Essuman also agreed with Adjei, a landscape gardener, that he will advise him (Adjei), on the installation of a computerized financial management system if Adjei, in return, will carry out some landscape work at the house of Essuman’s daughter, Njama. Essuman assisted Odumadze and advised Adjei, but both (Odumadze and Adjei) refused to honour their side of their respective agreements. On his way to an important meeting, Essuman’s car broke down and he was very late for the meeting. As a result, Essuman lost a deal worth GH¢250,000 per annum to another Accountant. On the other hand, Njama was very anxious to have the landscape work done on her garden by Adjei because of his reputation for doing quality work. Essuman is very worried and hurt.

Required:

i) Explain what is meant by breach of contract.

(4 marks)

ii) Explain the nature of TWO (2) contractual remedies available to Essuman and Njama, in the context of the facts of this scenario. (6 marks)

Answer

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Tags: Breach of Contract, Contractual Remedies, Damages, Third-Party Rights
Level: Level 1

Topic: Contract Law
Series: APR 2022

BCL – Apr 2022 – L1 – Q2a – Contract Law

Discuss entitlement to remuneration under quantum meruit and identify situations where a contract can be discharged.

Question

Kwesi Mensah agreed to write a series of articles for Akem Juvenile Library on costume and ancient armour, to be published by instalments in Junior Graphic. When the work was partly completed up to about 70%, Akem Juvenile Library abandoned the series, without justification and or notice. Two publications have been done in Junior Graphic.

i) Explain whether Kwesi Mensah would be entitled to some remuneration in the circumstance of the facts of the case. (5 marks)

ii) Explain TWO (2) situations in which a contract can be discharged. (5 marks)

Answer

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Tags: Breach of Contract, Contract Discharge, Quantum Meruit, Remedies
Level: Level 1

Topic: Contract Law
Series: APR 2022

BCL – Nov 2019 – L1 – Q4 – Contract Law

Analysis of whether a breach of contract constitutes a breach of condition or warranty, and the justification for awarding damages.

Question

Kojo Atua, a businessman, who had a contract to supply timber logs to Okofoh Timber Co. Ltd, hired a tractor from Mary Arthur, at a rate of GH¢1,000.00 a day to enable him to haul the timber logs from his timber concession in Okofoh. Under the agreement, Kojo Atua paid a deposit of GH¢10,000.00. It is the case of Kojo Atua that Mary Arthur assured him that her tractor was in good condition and could haul at least 30 logs a day.

Kojo Atua, 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. Kojo Atua brought an action for damages for breach of contract. The Court awarded Kojo Atua special damages of GH¢20,000.00 on the basis of total failure of consideration.

Required:

i) Explain whether in the circumstance of the case, there was either a breach of condition of the contract or a breach of warranty. (10 marks)

ii) Explain in THREE (3) ways whether the court was justified in the award of GH¢20,000.00 to Kojo Atua for the failure of consideration. (10 marks)

Answer

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Tags: Breach of Contract, Condition, Contract Law, Legal Remedies, Warranty
Level: Level 1

Topic: Contract Law
Series: NOV 2019

BCL – Mar 2023 – L1 – Q3a – Agency

Advise on the breach of contractual relationship between Joe Ocran and Tawiah, the estate agent.

Question

Joe Ocran intended to sell two storey buildings. He agreed with Tawiah, an estate agent, that he would pay commission ‘on completion of sale’. Tawiah introduced a third party who wanted to buy both storey buildings, but Joe Ocran changed his mind and refused to sell. Tawiah is your neighbor who has heard you are reading a professional programme that contains business law. He is contemplating suing Joe for the commission and has approached you for advice.

Required:
Advise the parties whether there was a contracted relationship.
(5 marks)

Answer

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Tags: Agency, Breach of Contract, Quantum Meruit
Level: Level 1

Topic: Agency Law
Series: MAR 2023

Question Tag: Breach of Contract

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BL – Nov 2011 – L1 – SB – Q2b – Law of Contract

Analyzing the breach of contract claim based on the sale of a car and revocation of an offer.

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BL – Nov 2011 – L1 – SA – Q20 – Law of Contract

Understanding the term in a contract that gives the party not at fault the right to repudiate.

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BL – Nov 2011 – L1 – SA – Q13 – Law of Contract

Identify the remedy that is always available in a breach of contract.

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BL – Nov 2012 – L1 – SB – Q2C – Law of Contract

Explain three remedies for breach of contract.

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BL – Nov 2015 – L1 – SA – Q14 – Law of Contract

Legal remedy requiring a party to fulfill a contractual promise.

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BL – Nov 2021 – L1 – SB – Q3 – Corporate Governance

Advising on breach of contract in a pharmaceutical company's vaccine offer and differentiating between contracts under seal and simple contracts.

You're reporting an error for "BL – Nov 2021 – L1 – SB – Q3 – Corporate Governance"

BL – May 2022 – L1 – SB – Q3b – Law of Contract

State five remedies for breach of contract and identify the one most applicable to the scenario.

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BL – Nov 2022 – L1 – SA – Q10 – Law of Contract

Identifying the term for willful failure to perform contract obligations.

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BL – Nov 2023 – L1 – SB – Q4b – Law of Contract

Discusses the legal implications of non-disclosure in an insurance contract involving Abokhasomi.

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BL – Nov 2023 – L1 – SB – Q2b – Law of Contract

Discusses the principle of privity in the context of a contract dispute over the sale of Unique Pami products.

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BL – Nov 2019 – L1 – SB – Q6d – Sale of Goods

Explanation of buyer's remedies for breach of contract terms by the seller.

You're reporting an error for "BL – Nov 2019 – L1 – SB – Q6d – Sale of Goods"

BL – March July 2020 – L1 – SB – Q3a – Sale of Goods

Legal advice on breach of contract and actions for a seller against a defaulting buyer under the Sale of Goods Act.

You're reporting an error for "BL – March July 2020 – L1 – SB – Q3a – Sale of Goods"

BCL – Apr 2022 – L1 – Q5a – Contract Law

Analyze the legal implications of a tender process where a bid was not considered due to administrative error, and whether this constitutes a breach of contract.

You're reporting an error for "BCL – Apr 2022 – L1 – Q5a – Contract Law"

BCL – Apr 2022 – L1 – Q2b – Contract Law

Explain breach of contract and available contractual remedies for Essuman and Njama in a scenario involving unfulfilled agreements.

You're reporting an error for "BCL – Apr 2022 – L1 – Q2b – Contract Law"

BCL – Apr 2022 – L1 – Q2a – Contract Law

Discuss entitlement to remuneration under quantum meruit and identify situations where a contract can be discharged.

You're reporting an error for "BCL – Apr 2022 – L1 – Q2a – Contract Law"

BCL – Nov 2019 – L1 – Q4 – Contract Law

Analysis of whether a breach of contract constitutes a breach of condition or warranty, and the justification for awarding damages.

You're reporting an error for "BCL – Nov 2019 – L1 – Q4 – Contract Law"

BCL – Mar 2023 – L1 – Q3a – Agency

Advise on the breach of contractual relationship between Joe Ocran and Tawiah, the estate agent.

You're reporting an error for "BCL – Mar 2023 – L1 – Q3a – Agency"

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