A detailed legal guide on probationary employment agreements in Ghana, explaining compliance under the Labour Act 2003 Act 651, lawful termination during probation, confirmation procedures, and HR risk management strategies.
A detailed legal guide on probationary employment agreements in Ghana, explaining compliance under the Labour Act 2003 Act 651, lawful termination during probation, confirmation procedures, and HR risk management strategies.
A comprehensive legal guide to drafting compliant employment contracts for permanent staff in Ghana, ensuring alignment with the Labour Act 2003 Act 651, statutory benefits, termination rules, and corporate risk management standards.
A detailed legal guide on fixed term employment contracts in Ghana, explaining compliance under the Labour Act 2003 Act 651, renewal risks, termination rules, and how HR leaders can prevent unintended permanent employment claims.
A comprehensive guide to the essential HR contracts every Human Resource Head in Ghana must implement to ensure compliance with the Labour Act 2003 Act 651, the Data Protection Act 2012 Act 843, and pension regulations, while protecting corporate interests and reducing litigation risk.
Recent public commentary surrounding the Legal Education Reform Bill has created the impression that, once passed, all LLB holders will automatically gain admission into the professional law course at the Ghana School of Law or any accredited university. That position requires careful qualification.
It is necessary to distinguish between legislative enactment and institutional implementation.
Parliament may pass a law. However, the operational execution of that law in a regulated professional field such as legal education requires structured administrative preparation, accreditation systems, infrastructure development, faculty recruitment, and sustained quality assurance mechanisms. These do not arise automatically upon passage of legislation.
Contractual terms are classified according to the legal effect of their breach. The classification determines the remedies available to the innocent party.
There are three main categories:
Conditions
Warranties
Innominate or intermediate terms
The law does not merely focus on the label used by parties. Courts examine the substance and effect of the term.
Meaning of Consideration
Consideration is the value exchanged between contracting parties that makes a promise
In Ghanaian contract law, consideration performs three essential functions:
It distinguishes legally binding contracts from social or gratuitous promises
It demonstrates reciprocity between the parties
It provides evidence of intention to create legal relations
Without consideration, most agreements remain morally binding only and not legally enforceable unless saved by statute or equity.
Acceptance is the clear and final assent by the offeree to all the terms of an offer. It converts a mere offer into a legally binding agreement once the other elements of contract formation such as consideration and intention to create legal relations are present.
Under Ghanaian contract law, which draws heavily from English common law principles and statutory interventions such as the Contracts Act, 1960 (Act 25) and the Electronic Transactions Act, 2008 (Act 772), acceptance must be objective, certain, and unequivocal.
1. INTRODUCTION: MODES OF DISCHARGE OF CONTRACT
A contract may be discharged when parties are released from their contractual obligations. Under Ghanaian contract law and common law principles, discharge may occur by:
Agreement
Performance
Breach
Frustration
This topic focuses on discharge by breach, which is the most litigated method of discharge in commercial practice.
A written contract is an agreement whose terms are expressed in writing. Writing may be in physical or electronic form. Ghanaian law recognises modern electronic documentation as valid contractual writing under the Electronic Transactions Act, 2008 (Act 772).
The importance of written terms lies in certainty, proof, and enforceability. Courts prefer written evidence because it provides a permanent and objective record of the intentions of the parties.
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