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Separation and Settlement Agreements in Ghana: Legal Framework and Drafting Principles

Separation or Settlement Agreements are high-risk, high-impact legal instruments used to formally conclude employment relationships, particularly where legal exposure, reputational sensitivity, or financial negotiation is involved. They are commonly deployed in situations such as termination for alleged misconduct, performance-based termination, redundancy or restructuring, executive exits, constructive dismissal allegations, grievance escalation, whistleblowing disputes, harassment or discrimination complaints, settlement of matters before the National Labour Commission and threatened civil litigation.

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Discharge by Breach Under Contract Law in Ghana: Meaning, Types, and Legal Consequences

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.

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