Research Topics: Ghana Civil Law Legal System

What law will govern this contract? Can the parties agree that CISG will govern their relationship?

The essay question must answer the fact pattern below:   As the Senior Chief Assistant in the law department of Mega Branch Industries (MBI), you have been assigned to oversee the negotiation and signing of the largest contracts in which MBI has ever been involved. The MBI subsidiary most directly involved is located in France, a state that is a member of the United Nations Convention on Contracts for the International Sale of Goods. Three other firms are going to be parties to the contract. One is located in another state that is a member of CISG (United States); the other two are not. One of the latter is located in a state which has a civil law legal system (Ghana); the other in a state which has a common law legal system (Nigeria).  The following questions should be covered in the essay:   1.                  What law will govern this contract? Can the parties agree that CISG will govern their relationship?   2.         The contract involves the sale of goods (including parts and assembled products) as well as the supply of services. Can the CISG regulate the entire contract? If not, what parts?   3.         In the event that the parties agree that CISG will be the governing law, what aspects of the contract will be governed, nevertheless, by local law?   4.                  If the parties agree that the CISG will be the governing law, how will the provisions of the CISG be interpreted in the event there is some dispute about their meaning?  If some provision of the contract is unclear, how will it be interpreted?   5.                  Must the contract be in writing? Must it be under seal?   6.                  If one of the parties makes an offer and promises to keep it open for a period of 30 days, can it later change its mind and withdraw the offer?   7.                  When does an acceptance become effective? Does it matter if the acceptance calls for minor changes in the terms contained in the offer?   8.                  What criteria will be used to determine if a party has breached?   9.                  If a party does breach, can the other parties avoid their obligations to perform? Can all of the provisions of the contract—including the choice of law clause—be avoided?   10.              If a party fails to perform, can a court intervene and order the party to perform? Are there any limits on what a court may order a party to do?   11.              If nothing is said in the contract, where must the seller deliver the goods? When must delivery be made? Where and when must documents of title be turned over?   12.              What must a buyer do to reject nonconforming goods?   13.              When must the buyer make payment?   14.              At what point in time will the buyer become liable for any accidental loss or damage suffered by the goods?   15.              What duty does a party have to keep the damages caused by another party’s breach to a minimum?   16.              What must a seller do if it wishes to seek damages—avoid the contract or obtain specific performance?   17.              What must a buyer do if it wishes to seek damages—avoid the contract or obtain specific performance?   18.              What excuses are available to a breaching party to justify its nonperformance?   Credit:ivythesis.typepad.com

What law will govern this contract? Can the parties agree that CISG will govern their relationship?

The essay question must answer the fact pattern below: As the Senior Chief Assistant in the law department of Mega Branch Industries (M...

ENFORCING POLITICAL GOVERNANCE IN GHANA

Political Governance in Ghana   Political Changes in Ghana             Ghana was the first African nation to successfully break free from colonial rule. It was the first to achieve independence in 1957. Because of this, Ghana served as the torchbearer for the fight for independence in Africa. It became the country, which other African countries sought to emulate. However, with independence came different problems and challenges caused by bad governance. The political sphere in Ghana was in constant turmoil. The military has overthrown elected civilian governments and assumed political power on several occasions, thus subjecting Ghanaians to more than tow decades of dictatorship and authoritarian governance. The intervening civilian rule of the Third Republic president by President  in 1979 was short-lived, brought to an abrupt end by the fifth military coup. From 1981 to the inauguration of the 1992 Constitution, Ghana was under a quasi-military-dominated system of governance. Constitutional rule was fully restored in 1993. Today, Ghanaians have had more than a decade of peaceful and acceptable constitutional rule. They have also been able to change political rules through the electoral process in a manner generally perceived to be free and fair. The 2000 and 2004 elections have confirmed the citizen’s acceptance of the electoral principle as the legitimate mechanism for acquiring political power and assuming leadership of the institutions of governance.   The Role of New Partnership for Africa’s Development (NEPAD)             The NEPAD seeks to create a new basis for Africa’s development through a contract between African governments and the people of Africa, recognizing the wide-spread dissatisfaction within Africa on political governance issues. In addition is envisages a more balanced partnership between African countries and donors. One of the most innovative aspects of NEPAD is the peer review mechanism, which aims to have African leaders set the governance standards by which they will be judged, as well as undertake the judging ( and  2006). In the are of political governance, NEPAD is paving the way for conflict resolution as well as for the enhancement of the capacity and strengthening the institutions in administrative and civil structures, parliamentary oversight, participatory decision-making, judicial services and anti-corruption mechanisms ( 2003). Democracy and Political Governance constitute one of the major commitments of NEPAD.   Democracy and Political Governance             Democracy is a system of governance in which people effectively and meaningfully participate in the decision-making processes that affect their lives and livelihood. Politics is the process by which values, goods and services are allotted in society. Governance is the art and skill of utilizing political or collective power for the management of society at all levels – economic, social and political. Democracy and good political governance are basic foundations for the promotion of human development and the alleviation of poverty.             Ghana is a presidential-parliamentary system of governance under a multi-party electoral system, in which the President and legislature serve four-year terms. The President’s electoral tenure is limited to two consecutive terms, whereas that of the parliamentarians is unlimited. The supremacy of the Constitution and entrenchment of the rule of law are the basic foundations on which all the institutions of governance, the private sector and civil society is grounded. The constitution and the rule of law offer protection of individual life; security of property; sanctity of contracts; protection from the government’s arbitrariness or abuse of power, and the assurance that one can enjoy the fruits of one’s labour. The 1992 Constitution contains ample provisions that entrench the rule of law, affirm the supremacy of the Constitution and constitutionalism, and constrain the abuse of power and discretionary authority of those in governance positions. The courts have clearly asserted their independent powers of judicial review and their willingness to pronounce certain Acts or behaviour of the Executive branch unconstitutional. Ghana has demonstrated that it is possible for the judiciary to be independent in Africa. Several provisions in the 1992 Constitution underscore the democratic rights of Ghanaians, and secure the independence of electoral mechanisms to ensure free and fair electoral processes. The Electoral Commission (EC) and the National Commission for Civic Education (NCCE) guarantee, promote, and protect the fundamental constitutional rights of Ghanaians to participate in political and related activities. The judicial system is designed to protect these rights and offers opportunities for redress by aggrieved persons and groups whose rights are violated or infringed upon ( 2005).           References           Credit:ivythesis.typepad.com

ENFORCING POLITICAL GOVERNANCE IN GHANA

Political Governance in Ghana Political Changes in Ghana Ghana was the first African nation to successfully break free from ...