Bondzie, a businessman, who had a contract to supply timber logs to Tommy Ltd, hired a tractor from Maricurz, at a rate of GH¢3,000.00 a day to enable him haul the timber logs from his timber concession in Tommy Under the agreement, Bondzie paid a deposit of GH¢30,000.00. It is the case of Bondzie that Maricruz assured him that her tractor was in good condition and could haul at least 15 logs a day. Bondzie, however, found the tractor to be defective almost from the beginning, with the tractor hauling a maximum of two (2) logs a day, and a total of 30 logs during a period of a little over two weeks. Bondzie brought an action for damages for breach of contract. The Court awarded Bondzie special damages of GH¢60,000.00 on the basis of total failure of consideration. Required: 1) Provide a justification of whether in the circumstance of the case, there was either a breach of condition of the contract or a breach of warranty.
Bondzie, a businessman, who had a contract to supply timber logs to Tommy Ltd, hired a tractor from Maricurz, at a rate of GH¢3,000.00 a day to enable him haul the timber logs from his timber concession in Tommy Under the agreement, Bondzie paid a deposit of GH¢30,000.00. It is the case of Bondzie that Maricruz assured him that her tractor was in good condition and could haul at least 15 logs a day. Bondzie, however, found the tractor to be defective almost from the beginning, with the tractor hauling a maximum of two (2) logs a day, and a total of 30 logs during a period of a little over two weeks. Bondzie brought an action for damages for breach of contract. The Court awarded Bondzie special damages of GH¢60,000.00 on the basis of total failure of consideration.
Required:
1) Provide a justification of whether in the circumstance of the case, there was either a breach of condition of the contract or a breach of warranty.
Breach of contract refers to the cause of legal action, which is occurred between two parties involved in the contract. The legal action is taken when one party fails to deliver the product or services according to the term of the agreement. The contract formed between two-party can be in the written and oral form and are of two types
1) Breach of warranty
2) Breach of condition
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