You are here: HomeWallOpinionsArticles2012 03 02Article 230993

There is more to the Woyome Scandal: NDC Must Act Decisively!!

Comment: Re: You need to replenish your brain cells.

2012-03-02 17:23:28
Comment to:
You need to replenish your brain cells.

Come on my dear friend Nyansasem (me do gbe nawo), however, Mr. Banneman need not “replenish his brian cells” in this instance in order to state his qualified opinion as a “good and concerned Son of the Motherland” in this Woyome case. There is NOTHING wrong Nii’s brain cell, as far as I can tell- unless something is similarly wrong with my brian cells too? Hahaha! To some extent, your “nothing is wrong with contract abrogation” statement is to a limited extent right- however, circumstances under which “termination” may or may not occur are more often than not, already articulated and written in a contract or even “presumed”. A valid example for contract “abrogation” is often articulated in a TERMINATION and or FORCE MAJUERE clause- where for example, unforeseen circumstances which may cause a delay in performance or “abrogation” or termination are clearly articulated. Note that a foundational rule of contracting, especially in commercial, private, public, national/international contracts, is the Doctrine of Good faith in Contract Dealings”- and this doctrine undermines your so-called “at will abrogation of contracts”- and thus forbidding abrogation due to “BAD FAITH” of officials engaged in the contracting process… And where a whole sovereign government is involved in the contracting process, I think it is fair to assert this “Good faith” dealing doctrine whether written in the contracts or not- because government officials to every extent possible must NOT be seen in a “bad faith light” in dealings because it will go a LONG way to undermine the integrity of that government and even its people. Do you know that a finding of “bad faith” government dealings can hinder foreign investment, and ultimately hurt the populace as a whole…? Government officials MUST be made to swear to adhere to “good faith’ in their dealings, for after all, they are not selling cloth at the corner store but as stewards of an entire nation, they represent the “character and integrity” of a whole people group, in this case 25 million Ghanaians in international eyes!.. Are Woyome’s lawyers reading this? I go charge’em BIG next time..hehehe Lastly, kindly note that a contract found to be abrogated “in good faith” requires a “restitutional” compensation to put the aggrieved party in the state he or she or they was/were before contracting- however, a contract found to be abrogated in “bad faith” can have a” punitive” judgment awarded against the party who abrogated to help deter egregious conducts in commercial dealings- however, these awards are NOT the norm- restitutional awards are the norm in the Law of contracts.. I will go a step further in this analysis by stating that instead of the Ghanaian government via their AG representation, go and have the Woyome judgment overturned by arguing the said judgment is too "gagantuan" and thus “punitive” in nature which is against public policy in contract law, they instead opt to claiming “fraud”, which heightens the burden of proof for them-e specially when they are now claiming that documents are missing…Are the State Attorneys reading this? I go send’em invoice next time..hahahah!

This article is closed for comments.

03-02 00:36
Re: You need to replenish your brain cells.
03-02 17:23