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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Prepare written responses to the following questions and case problems from the Clarkson‚ Miller & Cross textbook; 1. Question & Case Problem #1-9 parts a-e (p. 27) a) In the lawsuit in which Arthur Rabe is suing Xavier Sanchez for breaching a contract in which Sanchez promised to sell Rabe a Van Gogh painting for $3 million Arthur Rabe is the Plaintiff and Xavier Sanchez is the Defendant. b) If Rabe wants Sanchez to perform the contract as promised‚ the remedy Rabe would be seeking from court
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Alternative 1: Termination of Mandatory sentencing for minor offenses A tradeoff for option one‚ the termination of mandatory sentencing for minor offenses‚ convey a problematic idea. Giving these minor wrongdoers the inappropriate perception by committing a minor misconduct there won’t be any aftermath. As concurred by Evan Bernick and Paul J. Larkin‚ Jr. (2014)‚ “they argue that mandatory minimum sentences reflect a societal judgment that certain offenses demand a specified minimum sanction and
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This case begins with the relationship between California and Hawaiian Sugar Company (C&H)‚ the purchaser‚ and Sun Ship‚ Inc.‚ the contractor for the design and delivery of a vessel to ship raw sugar for C&H from Hawaii to California. Sun Ship went into contract with C&H on November 14‚ 1979 and agreed upon the delivery of the vessel on June 30‚ 1981‚ one and three quarter years‚ for the agreed upon amount of $20‚405‚000 . According to Cheeseman (2013) a liquidated damages clause‚ defined as “damages
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In reading our textbook it reveals relevant facts that fraud invalidates a contract. “The existence of fraud disrupts the honesty of the unknowingly person’s permission/agreement to a contract. When a person unknowingly goes into a terms of a contract‚ the agreement normally can be avoided since he or she didn’t freely come to agreement with the terms. Normally‚ an unknowing person has a choice terminate the contract all together and return to their beginning place or proceed with the contract and
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Equity is still very relevant today- equitable rights‚ interests‚ and remedies remain important in law today. Equitable relief introduces injunctions in labor disputes‚ partitions of real property‚ specific performance of contracts‚ reformation of contracts‚ setting aside invalid wills‚ divorces and various other matters where the court orders something to be done other than entering a judgment for money damages. Concepts such as mortgages and Trusts are founded on the idea
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2) Is Bright entitled to specific performance because of the unique nature of the goods? Yes‚ the seller should cure the nonconforming goods for the buyer. If the buyer accepts the sellers re-tempt to make another delivery because the nature of the circumstance‚ it would need to be done within the time for performance expires. (UCC 2-508; 2A-513) 4) Hoselton did not have a chance to cure the defects. Is Hoselton correct? No‚ the buyer is given the opportunity to inspect the goods. If problems
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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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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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Cases Comm 315 Case1 : King v.BioChem Therapeutic Inc. Fact: Dr King is hired by Bio Chem. She signed a special contract that specifies a period of probation. During this period‚ she can be let go but you have to be known the wrong behavior in order to be able to rectify it. If the wrong behavior persists then your contract will be terminated. Issue: Is the termination of the contract of Dr King for fault justified? Ratio Employer version of facts: 1st meeting: after 5 months and a half
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