GHANA SCHOOL OF LAW ENTRANCE EXAMINATION 28TH SESSION- REMEDIES FOR BREACH OF CONTRACT

GHANA SCHOOL OF LAW ENTRANCE EXAMINATION REVISION - QUESTIONS BASED ON LECTURE ON REMEDIES
NOTE: IF YOU HAVE DIFFICULTY whatsapp me 0574604820
A. REMEDIES
1. Which one of the following statements best describes the decision of the court in Royal Dutch Airlines (KLM) and Another v Farmex Ltd
a. If the plaintiff has suffered damage, not too remote, he must as far as money could do so be restored to the position he would have been in had that particular damage not occurred
b. In awarding damages for the breach of contract the test to be applied was whether on the information available to the defendant when the contract was made, he should, or a reasonable man in his position would have realized that such a loss was sufficiently likely to result from the breach of contract
c. The plaintiff may recover damages for any loss or expenses incurred by him in reasonably attempting to mitigate his loss following the defendant’s breach
d. A plaintiff cannot recover damages for losses which have been avoided by mitigation
2. What is a mandatory injunction
a. An order of the court requiring the defendant to refrain from the performance of a certain act
b. An order of the court requiring the defendant to perform a positive act
c. An order of the court requiring the defendant to remedy a breach of contract that he has committed
d. An order of the court requiring the defendant to pay damages for his breach of contract
3. Which of the following statements best describes the decision of the court in Lartey v Bannerman
a. Specific performance would not be granted to enforce an illegal contract
b. The courts would not order specific performance of contracts for personal service or contracts the performance of which will require constant supervision by the court
c. Specific performance would not be ordered if it would be impossible for the defendant to comply with the order
d. Specific performance would be ordered for a minor in spite of lack of mutuality where it can be shown that the minor has fully performed his or her obligation under the contract and there is nothing the other party could possibly ask the court to specifically decree
4. In which one of the following cases is it illustrated that specific performance cannot be invoked in order to enforce an illegal transaction
a. Zagloul Real Estates Co Ltd (No 2) v British Airways Ltd
b. Lartey v Bannerman
c. Lumley v Wagner
d. Redco Lltd v Sarpong
5. The ratio in the case of Redco Ltd v Sarpong is
a. Specific performance cannot be invoked in order to enforce an illegal transaction
b. Specific performance would be granted in the case of certain contracts which are of such a nature that time was of essence and a mere award of damages is not enough
c. Specific performance would not be ordered if it would be impossible for the defendant to comply with the order
d. Specific performance would be ordered for a minor in spite of lack of mutuality where it can be shown that the minor has fully performed his or her obligation under the contract and there is nothing the other party could possibly ask the court to specifically decree
6. Which one of the following statements best describes the court’s decision in Jarvis v Swan’s Tours
a. Where the predominant object of the contract was to provide mental satisfaction, pleasure or entertainment and as a result of a breach the contract fails to achieve this object, damages may be recovered
b. Damages for non-pecuniary losses or for mental distress, disappointment or injured feelings cannot be recovered at common law
c. The burden of showing that the fixed amount in a contract is a penalty and not liquidated damages lies on the party who is sued for damages
d. The burden of showing that a fixed amount is for liquidated damages and not a penalty lies on the party suing for damages


3. Which of the following limit the amount of damages available to a claimant
i. The remoteness rule
ii. The duty to mitigate
iii. Liquidated damages clause
iv. Exemplary damages
a. I, II, III & IV
b. I, II, & III only
c. I & II only
d. I only
4. Which one of the following remedies gives a temporary relief until a full hearing can be arranged
a. Specific performance
b. Rescission
c. Damages
d. Injunction
5. A claim for the value of work done is known as
a. Restitution in integrum
b. Quantum meirut
c. Quantum valebant
d. Damages

Dr. Ernest Owusu-Dapaa