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
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What are the defenses to a breach of contract? If someone is accused of breach of contract‚ there are a number of defenses available to argue that a contract should not be enforced. If any of the basic contract elements are missing‚ or if the contract was made with someone of diminished capacity or for illegal purposes‚ a contract can be unenforceable. Some other examples of potential defenses to enforcement of a contract are mutual or unilateral mistake‚ duress or undue influence‚ unconscionability
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Performance and Breach of Sales Contract Performance and Breach of Sales Contract Quynh Nguyen Upper Iowa University BA 302: Business Law Instructor: Paul Croushore Jun 3‚ 2009 Sales Contract: A sale occurs when there is an exchange of goods or other property from the seller to the buyer for money. In order to create in each party a duty to do or not to do something and a right to performance of the other’s duty or a remedy for the breach of the other’s duty‚ we need to set up a contract. Obligations
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| Breach of Contract in the Business World | | | | | | | Table of Contents Executive Summary iii I. Introduction 1 II. Breach of Contract 1 III. Immaterial Breach of Contract 1 IV. Material Breach of Contract 2 V. Remedies 3 VI. Remedies at Law 3 VII. Remedies in Equity 5 VIII. Summary 6 IX. Bibliography 8 Executive Summary This paper discusses the legal concept of a breach of contract and the options a business has in pursuing a breach of contract
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Question TWO What is a "Breach of Contract"? A business contract creates certain obligations that are to be fulfilled by the people or companies who entered into the agreement. In the eyes of the law‚ a party’s failure to fulfil an end of the bargain under a contract is known as a "breach" of the contract. Depending on the specifics of the contract‚ a breach can occur when a party fails to perform on time‚ does not perform in accordance with the terms of the agreement‚ or does not perform at all
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Week 7 Breach of the Duty of Care Negligence Duty of care Established or novel duty? Is it a non-delegable duty? What is the scope of the duty? Breach of duty What is the relevant standard of care? Has the standard been breached? Damage Is it recognized by law? Was the breach a necessary condition of the harm? Is the harm within the scope of the defendant’s liability? Breach of Duty The fault part of the negligence action An act or omission of the defendant A failure to act as a reasonable person
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Accounting Principles and Health Care Samantha Mrazek HCS 571 March 19‚ 2012 John Hodnette Accounting Principles and Health Care There are no formal accounting principles that apply to health care. However‚ there are five generally accepted guiding principles used in the management of the financial aspects of health care management (Cleverly‚ Song & Cleverly‚ 2011). Understanding the five guiding principles are important in understanding financial information and managerial accounting
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The concept of Ethics has been a very important and controversial topic throughout the health care profession. Ethics is a way of practice that involves decision making and many healthcare professions and various administrators work together to achieve excellent patient care. According to the article "Fundamental ethical principles in health care" the ethical code has evolved during many years but it gets its origin from the Hippocratic tradition. Similar codes are evolved recently by nurses‚ paramedical
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HEALTH AND SOCIAL CARE PRACTICE PRINCIPLES OF SUPPORT For an Old Care home there are some underlying principles of support that need to be applied to ensure that the patients and people living in the care home are looked after for in a dignified way. These principles are: - Respect for privacy and Dignity – This principle ensures that the old people have a right to lead their life in their own dignified way that they choose to. They dress up in the way they want to‚ eat the way they want to and
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Principles of Health and Social Care Practice Introduction This unit develops understanding of the values and principles that underpin the practice of all those who work in health and social care. The essay consider theories and policies that underpin health and social care practice and explore formal and informal mechanisms required to promote good practice by individuals in the workforce‚ including strategies that can influence the performance of others. The first part of this essay will consider
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