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  • 10 Marks

BCL – May 2017 – L1 – Q1c – Contract Law

Define a ‘condition’ and ‘warranty’ in contract law, and advise on the validity of an exclusion clause in a hotel agreement.

c)

i) Define a ‘condition’ as in the law of contract. (3 marks)

ii) Define ‘warranty’ as in the law of contract. (3 marks)

iii) Keita books for a hotel facility and pays in advance. The hotelier tells him nothing more than the issue of a receipt. Keita takes occupancy of the room only to read a list of DONTS posted at the back of the door of his room. The following day he returned from breakfast in the hotel to find that his wristwatch which he left on the table of the room was missing. He spoke to the receptionist at the reception desk on the loss but they referred him to an exclusion clause on the door. He seeks your advice. Advise Keita. (4 marks)

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  • 10 Marks

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.

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)

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  • 10 Marks

BCL – May 2017 – L1 – Q1c – Contract Law

Define a ‘condition’ and ‘warranty’ in contract law, and advise on the validity of an exclusion clause in a hotel agreement.

c)

i) Define a ‘condition’ as in the law of contract. (3 marks)

ii) Define ‘warranty’ as in the law of contract. (3 marks)

iii) Keita books for a hotel facility and pays in advance. The hotelier tells him nothing more than the issue of a receipt. Keita takes occupancy of the room only to read a list of DONTS posted at the back of the door of his room. The following day he returned from breakfast in the hotel to find that his wristwatch which he left on the table of the room was missing. He spoke to the receptionist at the reception desk on the loss but they referred him to an exclusion clause on the door. He seeks your advice. Advise Keita. (4 marks)

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  • 10 Marks

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.

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)

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