Contract Cancellation due to a Breach of Contract Submitted by Victoria Wyatt Prepared for Dr. Maverick Acquisition Law Spring 07 18 May 2007 CERTIFICATE OF AUTHORSHIP: I certify that I am the author. I have cited all sources from which I used data‚ ideas‚ or words‚ either quoted directly or paraphrased. I also certify that this paper was prepared by me specifically for this course. ______________________________________________ Signature Date Overview
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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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Formation: For a contract to take place an offer has to be given to someone and he or she would have to accept it in written. The transaction in this case involves a sale of goods contract. “A contract of sale is a legal contract an exchange of goods‚ services or property to be exchanged from seller to buyer for an agreed upon value in money paid or the promise to pay same. It is a specific type of legal contract.’ (1) Offer: On May 1‚ Joseph received a written order from Steve at the price listed
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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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action and how should each be resolved? Discuss. Issue: Is Dan liable to Pat for breach of contract. Rule: Here the agreement between Pat and Dan falls outside of Common Law and within the boundaries of the Statue of Frauds. The most relevant of the types of contracts which fall within the Statue of Frauds‚ is an agreement for the sale of land and for an interest in land‚ or an agreement by a purchaser of real property to pay an indebtedness
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Discuss the grounds of termination of contract and remedies available for breach of contract. Further‚ discuss the most appropriate remedy (in your opinion) for breach of contract in a market economy. Grounds of Termination of Contract: Termination of a contract takes place when the parties to the contract are released from their contractual obligations. Contract termination may take in a number of ways which are: 1. By breach of contract. A breach of contract takes place when a party fails to
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available for breach of contract When signing a contract not only are you agreeing to the terms of this contract you are agreeing to the consequences if breach the contract. There are many remedies available if one of the party’s breaches the contract and if the party who breached the contract doesn’t agree to the consequences then the matter will be taken to court. A breach of contract can be defined as a party failing to perform‚ precisely and exactly‚ his obligations under the contract. However a
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environment‚ both physical and logical. Different types of unauthorized access are conducted by different groups of individuals for different purposes. One good example of breach is the TJX data theft that happened sometime in mid-2005 and on subsequent dates from mid-May 2006 to mid-January 2007. The TJX data theft is considered as the largest case of intrusion of data to occur to date. According to the article‚ the data stolen by hackers were at least 45 million credit and debit cards numbers from its
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Section 73 in The Indian Contract Act‚ 1872 73. Compensation for loss or damage caused by breach of contract.- When a contract has been broken‚ the party who suffers by such breach is entitled to receive‚ from the party who has broken the contract‚ compensation for any loss or damage caused to him thereby‚ which naturally arose in the usual course of things from such breach‚ or which the parties knew‚ when they made the contract‚ to be likely to result from the breach of it. Such compensation is
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