a. Identification and Correction of Errors
The provided paragraph contains numerous errors in grammar, punctuation, tone, and legal substance. Below are ten identified errors with brief explanations for their correction.
- Error: "a agreement"
Correction: "an agreement" Explanation: The indefinite article "an" should be used before a word that begins with a vowel sound, such as "agreement".
- Error: "in march 2026"
Correction: "in March 2026" Explanation: The names of months are proper nouns and must be capitalised in formal writing.
- Error: "Mr Owusu have written"
Correction: "Mr Owusu has written" Explanation: This is a subject-verb agreement error. The subject "Mr Owusu" is singular, so the verb must also be in its singular form, "has".
- Error: "she have breached the contract"
Correction: "she has breached the contract" Explanation: Similar to the error above, the singular subject "she" requires the singular verb form "has".
- Error: "he is very frustrated, and want to know what are his options."
Correction: "He is frustrated and wishes to know his options." Explanation: The original phrasing is informal ("very frustrated") and contains a comma splice. Legal writing should be objective and precise. Stating the client's objective clearly is more professional.
- Error: "It is respectfully submitted"
Correction: Remove the phrase. Explanation: This is a phrase used for formal submissions to a court or tribunal. It is an inappropriate register for an internal firm memorandum, which should be more direct.
- Error: "it is therefore a fact that she have breached the contract"
Correction: "it appears that she is in breach of the contract." Explanation: This statement is both redundant and legally premature. Whether a breach has occurred is a legal conclusion based on the facts; it is not a "fact" in itself. The phrasing should be more cautious pending full investigation.
- Error: "the machine… can be taken back also."
Correction: Advise that repossession is unlikely to be an option. Explanation: This is a significant legal error. In a contract for the sale of goods, once property and possession have passed to the buyer, the unpaid seller's primary remedy is to sue for the price, not to repossess the goods, unless the contract contained a specific "retention of title" clause (Sale of Goods Act, 1962 (Act 137), s 49). The advice is misleading and potentially incorrect.
- Error: "We are of the opinion, that"
Correction: "We advise that" or "It is our view that" Explanation: The phrase is wordy, and the comma after "opinion" is grammatically incorrect. More concise and direct phrasing is preferable in legal writing.
- Error: "at the earliest possible opportunity in time."
Correction: "promptly" or "as soon as possible". Explanation: This is a tautology (needless repetition). "Earliest possible opportunity" already implies a measure of time, making "in time" redundant.
b. Rewritten Memorandum
MEMORANDUM
TO: Supervising Partner FROM: Trainee Solicitor DATE: 24 May 2024 RE: Mr Owusu – Unpaid Debt for Sale of Printing Machine
This memorandum summarises the position of our client, Mr Owusu, regarding an unpaid debt owed by Ms Serwaa.
1. Factual Background
In March 2026, our client, Mr Owusu, who operates a printing business, agreed to sell a printing machine to Ms Serwaa for GH₵40,000.
Ms Serwaa paid a deposit of GH₵20,000 upon entering the agreement and took possession of the machine. The agreement stipulated that the remaining balance of GH₵20,000 was to be paid within two months.
2. The Breach
The two-month period for payment has expired, and Ms Serwaa has failed to pay the outstanding balance. Our client has attempted to contact her by writing on three separate occasions and has also tried calling, but she has not responded.
3. Preliminary Legal Analysis and Options
On these facts, Ms Serwaa appears to be in breach of a fundamental term of the sale contract, namely the obligation to pay the full price.
The primary remedy available to Mr Owusu as an unpaid seller is an action for the price of the goods under section 49 of the Sale of Goods Act, 1962 (Act 137).
Our client has asked if he can repossess the machine. It is important to advise him that this is unlikely to be an option. As Ms Serwaa has lawful possession of the machine, the right to repossess it would only exist if the contract included a retention of title clause, which reserves ownership for the seller until full payment is made. We will need to review the agreement to confirm if such a clause exists. In its absence, the client's remedy is to claim the outstanding debt.
4. Recommended Next Steps
I recommend that we take the following immediate steps:
a. Request a copy of the written agreement (if any) from Mr Owusu to confirm its terms, particularly regarding payment and retention of title.
b. Subject to reviewing the agreement, we should write a formal letter of demand to Ms Serwaa. This letter will state the basis of the claim, demand payment of the outstanding GH₵20,000 within a fixed period (e.g., 14 days), and put her on notice that we will commence legal proceedings to recover the debt and costs if payment is not made.
References
Sale of Goods Act, 1962 (Act 137) (Ghana).
