Remedies in contract law and whether they are adquate
ZAMBIAN OPEN UNIVERSITY SCHOOL OF LAW COMPUTER No. 21110141
LARRY HORE NJUNGU
BACHELOR OF LAWS (LLB)
COURSE: CONTRACT LAW (LL 12)
LECTURER: GREENWELL LYEMPE
ASSIGNMENT No. 2
SECOND YEAR, 2ND SEMESTER
MOBILE: 0977 666160
CONTACT ADDRESS: PLOT 3601/4, MAPEPE ROAD, OLYMPIA PARK, LUSAKA
TASKS: (i) Purpose of contractual remedies and whether they serve their intended objective
(ii) Relationship between agency and principal
(ii) Misrepresentation in the sale of a car purported to have traveled 63,000Km and yet it has done 163,000Km
1.0 INTRODUCTION
This essay is divided into three Parts. Part A discusses contractual remedies and their purpose and proceeds to assess their effectiveness and adequacy. That is to say do contractual remedies achieve the purpose they were created for and are they sufficiently flexible to cater for different situations that may arise? Part B provides an overview of the several relationships that the law recognises as that of principal and agent. In doing so, the essay also discusses how these relationships come about and how liability is distributed between the principal and agent in these different instances. The last part of this essay, Part C, renders legal advice in a situation where a husband and wife have bought a second hand car purported to have traveled 63,000Km when in fact it had traveled 163,000Km. The speedometer of the car in question happens to have been adjusted. The essay concludes by stating that in its current form, the law on remedies is adequate to cater for any imaginable breach of contract. On the element of agent- principal relationship, the author agrees with the notion that modern commercial activities would be difficulty to accomplish just by oneself. Hence agents, of whatever kind, are indispensable in modern world commerce.
PART A- Remedies
1.0 PREAMBLE
Thousands and thousands of contracts are entered into every day in the world. However, one common
LARRY HORE NJUNGU
BACHELOR OF LAWS (LLB)
COURSE: CONTRACT LAW (LL 12)
LECTURER: GREENWELL LYEMPE
ASSIGNMENT No. 2
SECOND YEAR, 2ND SEMESTER
MOBILE: 0977 666160
CONTACT ADDRESS: PLOT 3601/4, MAPEPE ROAD, OLYMPIA PARK, LUSAKA
TASKS: (i) Purpose of contractual remedies and whether they serve their intended objective
(ii) Relationship between agency and principal
(ii) Misrepresentation in the sale of a car purported to have traveled 63,000Km and yet it has done 163,000Km
1.0 INTRODUCTION
This essay is divided into three Parts. Part A discusses contractual remedies and their purpose and proceeds to assess their effectiveness and adequacy. That is to say do contractual remedies achieve the purpose they were created for and are they sufficiently flexible to cater for different situations that may arise? Part B provides an overview of the several relationships that the law recognises as that of principal and agent. In doing so, the essay also discusses how these relationships come about and how liability is distributed between the principal and agent in these different instances. The last part of this essay, Part C, renders legal advice in a situation where a husband and wife have bought a second hand car purported to have traveled 63,000Km when in fact it had traveled 163,000Km. The speedometer of the car in question happens to have been adjusted. The essay concludes by stating that in its current form, the law on remedies is adequate to cater for any imaginable breach of contract. On the element of agent- principal relationship, the author agrees with the notion that modern commercial activities would be difficulty to accomplish just by oneself. Hence agents, of whatever kind, are indispensable in modern world commerce.
PART A- Remedies
1.0 PREAMBLE
Thousands and thousands of contracts are entered into every day in the world. However, one common
Bibliography: 2. G.H Treitel (2011) 13th Ed., The Law of Contract. Sweet & Maxwell : London 3 4. JC Smith & Thomas: A casebook on contract, eleventh edition, 2000 London: Sweet & Maxwell 5 Hadley v Baxendale (1854) 9 Ex Ch 341 Payzu v Saunders [1919] 2 KB 581 Jane Mwenya and Randee v Paul Kapinga Pande (1998) S.J. 12 (S.C.) Harnett v Yielding (1805) 2 Sch & Lef 549. Page One Records v Britton [1967] 3 All ER 822 Bettini v Gye (1876) QBD 183 Poussard v Spiers(1876) 1 QBD 410 Hong Kong Fir Shipping v Kawasaki Kisen Kaisha