PURPOSE OF CONTRACTUAL REMEDIES; HOW AN AGENT CAN BECOME LIABLE IN A CONTRACT
a) What purpose do contractual remedies seek to achieve? Do the different types of remedies provide the courts with sufficient flexibility to achieve that purpose?
The general rule is that an agent is either liable under, or entitled to enforce, a contract he makes on behalf of his principal. An exception to the general rule is that an agent may enter into a contract on his own behalf as well as on behalf of the principal; and so be liable or entitled under the contract. Discuss this statement in light of the relationship between an agent and the principal you have learnt.
b) Mr and Mrs Yakumbuyo bought a car from a second hand car yard after the salesman stated the car had only travelled 63, 000km. However, the odometer had been adjusted and the car had in fact travelled 163, 000km. The salesman had lied. Can Mr and Mrs, Yakumbuyo sue? Explain.
Author: KATALILO JOY
INTRODUCTION
This paper will discuss the purpose of contractual remedies and whether the purpose is achieved through the awarding of the various remedies by the courts. The paper will also discuss the relationship between an agent and the principal focusing on the circumstances that would lead an agent becoming liable to a third party. The paper will finally tackle a scenario involving misrepresentation and the rights of the victim.
a) Contractual remedies are awards made by the courts to a victim of a breach of a contract. It is known that a contract is an undertaking whereby two or more parties make promises to each other that one party will perform a specific act for the other party in exchange of the other performing a specified act in return. This enterprise thus brings about a state of reliance by the parties involved to such an extent that if one party to the contract fails to perform as promised, for whatever reason, the non performance will lead to the other party suffering a loss. Contractual remedies therefore aim at ensuring that the parties to the
The general rule is that an agent is either liable under, or entitled to enforce, a contract he makes on behalf of his principal. An exception to the general rule is that an agent may enter into a contract on his own behalf as well as on behalf of the principal; and so be liable or entitled under the contract. Discuss this statement in light of the relationship between an agent and the principal you have learnt.
b) Mr and Mrs Yakumbuyo bought a car from a second hand car yard after the salesman stated the car had only travelled 63, 000km. However, the odometer had been adjusted and the car had in fact travelled 163, 000km. The salesman had lied. Can Mr and Mrs, Yakumbuyo sue? Explain.
Author: KATALILO JOY
INTRODUCTION
This paper will discuss the purpose of contractual remedies and whether the purpose is achieved through the awarding of the various remedies by the courts. The paper will also discuss the relationship between an agent and the principal focusing on the circumstances that would lead an agent becoming liable to a third party. The paper will finally tackle a scenario involving misrepresentation and the rights of the victim.
a) Contractual remedies are awards made by the courts to a victim of a breach of a contract. It is known that a contract is an undertaking whereby two or more parties make promises to each other that one party will perform a specific act for the other party in exchange of the other performing a specified act in return. This enterprise thus brings about a state of reliance by the parties involved to such an extent that if one party to the contract fails to perform as promised, for whatever reason, the non performance will lead to the other party suffering a loss. Contractual remedies therefore aim at ensuring that the parties to the