Before discussing a breach of contract in Cameroon, a contract is an agreement between two or more parties that creates reciprocal legal obligations to do or not to do a particular thing. The law on the contract is based on the Latin phrase “pacta sunt servanda” as there must be mutuality of purpose and intention.
The two or more minds must meet at the same point, event and incident, saying the same thing at the same time. A valid contract in law must have elements of offer, acceptance, consideration, intention to create legal relations, and capacity to contract. The remedies available for breach of contract in Cameroon as well as damages for breach of contract will be exhausted herein.
REMEDIES AVAILABLE FOR BREACH OF CONTRACT IN CAMEROON
Some of the remedies available for breach of contract in Cameroon are money damages, restitution, rescission, reformation, and specific performance.
Money damage is when a sum of money is given as compensation for financial losses caused by a breach of contract. The parties injured by the breach are entitled to benefit from the bargain they entered or the net gain that would have accrued but for the breach of contract in Cameroon.
Restitution is a remedy designed to restore the injured party to the position occupied prior to the formation of the contract. It is common to see parties seeking restitution not requesting compensation for lost profits or other earnings caused by a breach because restitution is aimed at returning to the plaintiff any money or property given to the defendant under the contract.
Specific performance is an equitable remedy that compels one party to perform, as nearly as practicable, his or her duties specified by the contract. Specific performance is available only when monetary damages are inadequate to compensate the plaintiff for the breach. This ruling often happens when the subject matter of a contract is in dispute.
DAMAGES FOR BREACH OF CONTRACT IN CAMEROON
There have been some arguments as to the appropriateness of seeking damages for breach of contract. Damages are classified generally into general and specific damages. General damages are damages that the law in its wisdom, presumes to flow automatically from the wrong inflicted on a claimant by the defendant and need not be specifically pleaded whereas special damages for breach of contract are specific and peculiar losses suffered as a result of the wrongful act or contract of the defendants. The damages are specific in the sense that they are easily discernible and quantifiable without rise to speculation or assumptions.
We strongly advise that individuals, national and multi-national companies should make it a habit of hiring a corporate attorney who will properly advise, draft all contract terms, review same, remedies available for breach of contract in Cameroon, and advise on damages for breach. Interestingly we have over the years scored significant success in this area we consider as our strength.
Article by Barr. Mafany Victor Ngando
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