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Contract

  • Date Submitted: 03/26/2014 12:06 AM
  • Flesch-Kincaid Score: 55.7 
  • Words: 3585
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Question 1 (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 neither liable under, nor 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 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 Principal you have learnt. Use decided cases to support your answer.
Question 1 (b)
Mr and MrYakumbuyo bought a car from a second-hand car yard after the salesman stated the car had only traveled 63,000km. However, the odometer had been adjusted and the car had in fact, traveled 163,000km. The salesman had lied. Can Mr&MrsYakumbuyo sue? Explain.











INTRODUCTION
The first part of this essay aims at stating the purpose which contractual remedies seek to achieve and see if the different types of remedies provide the courts with sufficient flexibility to achieve that purpose. This part will commence by identifying the different types of remedies available in contract in which it will be noted that there are two group of remedies, that is common law and equitable remedies. Once a contract is formed, the breach of all or part of the obligations conferred by the contract will entitle the aggrieve party to seek an appropriate remedy under that contract. The second part of the essay endeveavours to discuss, with the use of decided cases, the relationship between an agent and Principal. TheLaw of Agency is the branch of the Law that deals with the legal relations that arises, thus, when one person called the principal and the agent, under which the former engages the latter to act on his behalf. The third part aims at advising Mr and MrYakumbuyo who bought a car from a second-hand car yard after...

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