Ed Law 111 M-W 3:30-5:00 Assessment No. 3 Types of Remedies: Compensatory - A money award equivalent to the actual value of injuries or damages sustained by the aggrieved party. When a contract has been breached‚ the court orders the party that breached to pay the amount of direct losses done to innocent party. Consequential - Special damges that compensate for a loss that is not direct or immediate (for example‚ lost profits0. The special damages must have been reasonably
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Contract Remedies BA265 Business Law II Terrance L. Williams Grantham University December 8‚ 2012 Contract Remedies In our case of National Drilling Company filing suit against Overland Transport‚ Inc. asking compensatory‚ consequential‚ and punitive damages‚ the recovery of National will be based on Quasi Contract. As one reads through the scenario‚ he or she may ask themselves a few questions. What were the exact terms of the contract between National Drilling and Overland Transport
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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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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
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distinct from the provision of remedies for violations of that right (just because a right was violated doesn’t necessarily mean there’s a remedy) Choices between responsible solutions in a world of limited possibilities (A solution requires the decision maker to select between alternative possible solutions in a world of limits) GOAL: to use actual professional judgment to choose as wisely as possible between all the alternative remedial solutions TYPES OF REMEDIES (usually classified according
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Describe the remedies 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
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Equitable remedies seek to prevent or redress harm caused by the breach of equitable and legal principles. Unlike the common law remedy of damages‚ they are not punitive in either nature or intent. Equitable remedies refer to specific types of remedies available in court cases that can only be granted by a judge. A judge will grant‚ or not grant‚ a given equitable remedy based on the circumstances of a particular case. As such‚ equitable remedies are different from legal remedies or remedies granted
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Judicial Activism Active Judiciary‚ passive executive In normal circumstances‚ judicial activism should not be encouraged. But the circumstances are not normal. The political system is in a mess. In several areas‚ there is a situation to administrative paralysis. Take the recent Hawala case‚ which is a good example of judicial activism. What transpired in this case is very instructive. In this case the prime minister’s name was also involved‚ and
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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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I have expressed my views about the Pakistan Supreme Court and its need to maintain judicial self restraint in articles published in this newspaper and elsewhere. However‚ in view of the turmoil currently prevailing in Pakistan‚ a clear elaborate enunciation of the philosophy of judicial restraint is called for. In a recent statement‚ the Chief Justice has said that it is the Constitution‚ not Parliament‚ which is supreme in the country. There is no controversy about this legal position‚ and indeed
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