Fall 2012 Remedies Outline GENERAL PRINCIPLES GOVERNING DAMAGES COMPENSATION Harris v. Peters Compensatory damages are those awarded to a person as compensation‚ indemnity‚ or restitution for a wrong or injury sustained by him. The purpose of compensatory damages is to make the injured party whole and restore him to the position he was in before the loss‚ but not to enable him to make a profit or windfall. When personal property is destroyed or rendered useless‚ the measure of damages is the
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Week Four Assignment By: Kelly Sciberras November 25‚ 2012 DeVry University Business Law – BUSN420 Week Four Assignment As our textbook explains fraud invalidates a contract. “The presence of fraud affects the authenticity of the innocent party’s consent to a contract. When an innocent party is fraudulently induced to enter into a contract‚ the contract usually can be avoided because she or he has not voluntarily consented to the terms. Normally‚ the innocent party can either cancel the
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not perform in accordance with the terms of the agreement‚ or does not perform at all. Accordingly‚ a breach of contract will usually be categorized as either "material" or "immaterial" for purposes of determining the appropriate legal solution or "remedy" for the breach. To illustrate how a breach of contract might happen in the real world‚ Botak‚ who owned a rare vintage car offered to sell it to his friend Pendek. The offer was made through a letter dated 1 May 2011‚ which was posted on the same
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there need to be assent of both parties in order for the contract to be binding. Would the contract also be valid if one or both parties were intoxicated? Also‚ was Lucy reasonable in taking Zehmer seriously‚ and is specific performance an adequate remedy. Rule: The rules of law that the court used are: “The mental assent of the parties is not requisite for the formation of a contract. If the words or other acts of one of the parties have but one reasonable meaning‚ his undisclosed intention
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Bach Flower Remedies Administering Bach Flower Remedies: * If necessary put 2 drops straight from the bottle onto tongue. * If it isn’t an emergency just put 2 drops of each remedy in a small cup of water and drink at intervals. * Put a drop of the remedy (straight from the bottle) on your wrist‚ temples‚ or rub onto lips. *For convenience when taking several remedies at once‚ add two drops of each chosen remedy to an empty 30ml dropper bottle. Top off with mineral water‚ adding
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the legal system. The only remedy that could be obtained through common law is monetary relief‚ damages. However‚ damages are not always the best solution for a case. For example‚ a person was harassed and all he could seek for is monetary relief in common law when it was clearly the best to prohibit the culprit from doing so. In equity‚ there is a maxim which is ‘Equity will not suffer a wrong to be without a remedy’. This allows equity to create new remedies where otherwise the plaintiff would
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by statutes where as equity is in essence principles‚ doctrines and rules advanced initially by the Court of Chancery in positive competition with those of the Common Law Courts. This competition began when litigants became dissatisfied with the remedy laid down by Common Law Courts. In these instances litigants preferred to petition the King for him to mediate in cases. This was dealt with by the King’s Chancellor who determined each case according to his own discretion. Over the years‚ these decisions
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wants Sanchez to perform the contract as promised‚ the remedy Rabe would be seeking from court would be specific performance. c) If Rabe wants to cancel the contract because Sanchez fraudulently misrepresented the painting as an original Van Gogh when in fact it is a copy‚ he would be seeking the remedy of rescission from the court. d) The difference between legal and equitable remedies: courts will not grant equitable remedies unless the remedy at law – monetary damages – is inadequate. If a person
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Essential Elements of a Contract “A contract is an agreement that can be enforced in court. It is formed by two or more parties who agree to perform or to refrain from performing some act now or in the future.” (pg 208) Recently I was faced with a situation regarding a contract that was not in writing and I had to explain that as long as a verbal contract contains the four essential elements of a contract it is binding. We are so accustomed to seeing contracts in writing that many people assume
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1. What general law or statutory remedies ( if any) should EY seek against Roberta? The remedies for breach a general law duty include an injunction‚ compensation or damages‚ an account of profits‚ rescission of a contract‚ and a constructive trust. Firstly‚ the company can seek an injunction‚ which is an order of the court requiring the director to stop doing something or to undertake a particular action‚ in this case‚ EY can terminate the contract. Secondly‚ in this case‚ even though EY has not
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