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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
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 deposit of Page 1 of 4 GH30,000.00. 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 GH60,000.00 on the basis of total failure of consideration Required: i) Provide a justification of whether in the circumstance of the cases, there was eithet a breach of condition of the contract or a breach of warranty. (10 marks) Explain in THREE (3) ways whether the court was justified in the award of GH60,000.00 to Bondzie for the failure of consideration (10 marks) 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 deposit of Page 1 of 4 GH30,000.00. 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 GH60,000.00 on the basis of total failure of consideration Required: i) Provide a justification of whether in the circumstance of the cases, there was eithet a breach of condition of the contract or a breach of warranty. (10 marks) Explain in THREE (3) ways whether the court was justified in the award of GH60,000.00 to Bondzie for the failure of consideration (10 marks)
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