Question
(a) How do the courts decide whether to grant an order of specific performance? Are the criteria used sensible? (b) Paper Ply Ltd is a
(a) How do the courts decide whether to grant an order of specific performance? Are the criteria used sensible?
(b) Paper Ply Ltd is a printing business. It entered into a contract with Machine Ltd to repair one of its printing machines, at a cost of K200. Machine's employee negligently reassembles the machine incorrectly, so that the first time it is used a drive shaft breaks, and the machine is then beyond repair. The cost of replacing it is K7,500, and Paper Ply Ltd is unable to obtain a replacement for three weeks. During this period, it is estimated that the lack of the machine has reduced the firm's profits by K500 per week. Moreover, the firm misses out on the chance to bid for a very lucrative contract, which would have produced a profit of K6,000.
Advise Paper Ply Ltd as to the damages it can claim for Machine's breach of contract.
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