DAMAGES- OBJECTIVES

1. The essence of the award of Damages is intended to

a. Compensate the injured party for any loss or damage arising from the breach.
b. To put the party in his pre contractual position
c. To punish the contract breaker
2. The underlying basis for the common law remedy of damages was laid down by Parke
B. in the case of
a. Robinson v Harman
b. Hadley v Baxendale
c. Victoria Laundry v Newman Industries
3. The common law damages lies as of……Right……………………………………….
4. damages are assessed by the court on the actual loss to the innocent party. And not on
the basis on any gain made by the innocent party
a. True
b. False

5. Damages reliefs may take the form for a claim of liquidation or …penalty…

6. In Hadley v Baxendale, It was held that the plaintiffs could recover damages against
the defendants for the

a. delay in delivery but not for the loss of profits occasioned by the closure of the
Mill as there was no way the defendants could have foreseen that their delay
will mean the closure of mill.
b. delay in delivery and for the loss of profits occasioned by the closure of the
Mill
c. delay in delivery and for the loss of profits occasioned by the closure of the
Mill as the defendants could have foreseen that their delay will mean the
closure of mill.
7. Baron Alderson in formulating the rule in Hadley v Baxendale, anylyzed it into two
branches namely.
a. Special damages and General damges
b. Liquidated damages and unliquidated dames
 c. Pecuniary loss and non-pecuniary loss
8. Hedley v Baxendale was followed by the Ghana courts in
Frafra v Boakye
9. Lord Asquith reformulated the rule in Hadley v Baxendale in the case of
Victoria Laundry v Newman Industries
10. The supreme court decision in the case of Ashun v Accra Brewery Limited illustrates
the principle of foreseeability of damages with respect to employment contract.
a. True
b. false
11. Mention two limitations on the award of damages
Remoteness
Mitigation of loss

12. The principle of Mitigation was explained in

a. Frafra v Boakye and the English case of Dunlop v New Garage & Motor
Company.
b. Redco v Sarpong and Dunlop v New Garage & Motor
13. Where a plaintiff sues to recover an unliquidated sum by way of payment for services
rendered, he is said to claim on a ………………………………………………………

14. The Sale of Goods Act, 1962 (Act 137) vividly illustrates the principle on assessment
of damages in the context of a breach of a contract for the sale of goods.

Provide the section

54
…………………………………………………………………………………………
15. Generally, the common law imposes on a plaintiff a duty to take all necessary steps in
to mitigate the losses consequent on the breach and prevents him from claiming any
part of the damage or loss which could have been avoided by mitigation. This is
illustrated in the case of

a. Redco v Sarpong
b. Payzu v Saunders
c. Wroth v Tyler
16. The assessment of damages in actions sounding in Contract and Tort is traceable to
the rule laid down rule in Hadley v Baxendale in 1854.
a. True
b. False