BREACH OF CONTRACT IN CAMEROON

INTRODUCTION

A contract is an agreement between two or more parties which creates reciprocal legal obligations to do or not to do a particular thing. The law on 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 relation and capacity to contract. The remedies available for breach of contract in Cameroon as well as damages for breach 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.

A 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 the bargain they entered or the net gain that would have accrued but for the breach.

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 for 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 money 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

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 which the law in its wisdom, presumes to flow automatically from the wrong inflicted on a claimant by the defendant and need not to be specifically pleaded whereas special damages for breach of contract are specific and peculiar loses 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.

Conclusion

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

Kinsmen Advocates

‘‘The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.’’