Breach of Contract & Remedies 1 Breach of contract Nature of breach A breach of contract occurs where a party to a contract fails to perform‚ precisely and exactly‚ his obligations under the contract. This can take various forms for example‚ the failure to supply goods or perform a service as agreed. Breach of contract may be either actual or anticipatory. Actual breach occurs where one party refuses to form his side of the bargain on the due date or performs incompletely. For example: Poussard
Premium Contract Contract law Breach of contract
to the contracts between Grocery‚ Inc. and its vendors? Do common law contracts apply? Explain your answer in detail. Your answer should compare and contrast law contracts and UCC Article 2 contracts. The Uniform Commercial Code (UCC) Article 2 applies only to contracts for the sale of goods. The definition of goods is defined as goods that are tangible‚ movable‚ or personal property. However‚ UCC Article 2 does not apply to real estate contracts or employment contracts. Common law contracts are for
Premium Contract Breach of contract Contract law
CONTRACT & AGENCY LAW END-OF-COURSE ASSESSMENT JULY 2012 PRESENTATION Submission Date : 08 Sept 2012 Question 1: Legal issues: As there are different parts to “Clause 8” in the employment contract which Julia as an employee has signed with Calypso Private Limited‚ we shall examine four separate legal issues. The first legal issue is whether Calypso is able to enforce part (a) of Clause 8 which states that Julia shall not be directly or indirectly
Premium Damages Breach of contract Contract law
Damages and Breach of Contract This paper aims to discuss and examine the case law‚ Wrotham Park Estate Co Ltd v Parkside Homes Ltd. and analyse the reasons why Brightman J in this case believe that there will be unjust if the nominal sum is awarded to the plaintiffs. The measure of damages (restitution interest/remedy(remedy Campbell‚restitution for breach of contract) and damages in lieu of injunction will also be explained. Furthermore‚ the relevant case laws will be included. Before considering
Premium Plaintiff Contract Defendant
Chapter 18: Remedies for Breach of Contract Election to discharge: self-help remedy Types of Judicial Remedies • Common law remedy of damages • Common law remedy of an action for a fixed sum • Equitable remedy of specific performance • Equitable remedy of injunction Limitation Act • Judicial remedies may be barred by lapse of time due to LA • S 6 LA: no action against breach of contract after 6 years have passed (unless party unaware of breach) • LA does not apply to any legal action rooted
Premium Contract Breach of contract Contract law
unknowingly enter into series of contracts. This may be in the form of purchasing an article from a shop or by purchasing a railway ticket or by numerous ways. In modern societies‚ because of increasing complexity‚ there has been a practice of concluding contracts in standard form. One such instance of a standard form of contract is contract of insurance. Thus‚ standard form of contracts are those kinds of contracts were parties do not sit together to bargain the terms of the contract. One problem that is likely
Premium Contract Contract law Breach of contract
CHAPTER 2: Nature and Effects of Obligations Art. 1163. Every person obliged to give something is also obliged to take care of it with the proper diligence of a good father of a family‚ unless the law or the stipulation of the parties requires another standard of care. (1094a) 3 kinds of prestations in obligations: • To give real (there is some physical thing which may be the subject of possession‚ the delivery of which completely discharges the obligation) • To do • Not to do
Premium Contract Contract law Breach of contract
Frustrated Contracts Act 1978 As at 1 July 2010 Reprint history: Reprint No 1 25 June 1981 Reprint No 2 12 November 2002 Long Title An Act to amend the law relating to frustrated contracts. Part 1 – Preliminary 1 Name of Act This Act may be cited as the Frustrated Contracts Act 1978. 2 Commencement (1) This section and section 1 shall commence on the date of assent to this Act. (2) Except as provided in subsection (1)‚ this Act shall commence on such day as may
Premium Contract Supreme Court of the United States Supreme court
Aspects of Contract and Negligence for Business In today’s business perspective‚ when we deal with varieties of sales and buying‚ we are simply using different types of law about business which are formally known as business law. The importance of business law in business world is very much significant. Business operates in an increasingly global environment where the laws of different government and judicial system might conflict. That’s why‚ it is very much essential to know about the legal law
Premium Contract
COMMERCIAL CONTRACTS UNDER NIGERIAN LEGISLATION Introduction A contract is an agreement which is legally binding on the parties to it and which if broken may be enforced by action in court against the party that has broken it. A contract may be void or voidable. A void contract is that which lacks the essential ingredients or elements of valid contract and therefore of no legal effect. A voidable contract is that which is valid in the first place but may be ended at the instance of one of the
Premium Contract