OKINE PRINCE

01180701D

PUS 2A

ASSIGNMENT II

Q1

The 35 feet high tower was the main condition of the contract, and Robs failure constituted a
breach of this condition and thus a breach of contract. Not only was Mary not able to view the
birds, but also wasn't able to claim the GH¢8000 fee and annual rent of GH¢3000 from CPhone
Inc.

Mary is to claim damages in the contract that would put everybody in the position before
the contract was made, she is also entitled to claim damages relating to the cash she would
have gotten from the Phone company if the tower had met its original specifications . A court
may also decide that Rob breaks down the tower and rebuilds a new one with the original
specifications all at his (Rob's) expense

Q2

The following are the remedies available for a breach of contract;

Firstly, specific performance. A court order which require the party in breach to completely perform
their part of the bargain according to the contract . for eg include allowing the breach party to make
deliveries of goods that have already been paid for .

Additionally, Contract rescission.This where the old contract which was breached is cancelled .And a
new contract may be written which defines the needs of each party differently.

Finally, Monetary damages :The party who breach the contract would be held responsible the losses
caused by the breach .Both general damages and consequential damage can result from a breach of
contract. General damages are loss that are caused by directly by breach. Consequential damages are
losses that occurred indirectly by the breach. For example ;if you contracted and paid for a machine to
be delivered which never showed up. General losses include the value of money you paid for the
machine whiles Consequential loses is the losses of business due to the fact the machine failed to be
delivered.

Q3

Quick fix garage is liable for their clients damages and in Jack's case they are liable due to negligence.
Jack's condition is a result of recklessness of the mechanics at quick fix garage. Jack loss Gh¢ 20,000 and
also a potential client. Jack was incapacitated by the accident for 4 months all money lost or not gained
plus all expenses necessitated by this accident is to be covered by the auto shop. All this as a result of
their liability due to negligence.