Forms of breach of contract and the remedies that can be used. Table of contents: Introduction Contracts as a whole Forms of breach of contracts Remedies Introduction: As long as human kind can remember contracts has been in the existence. Goods were exchanged in order to survive. Therefore a contract can be described as an agreement between two (or more) people where one person offers to do something and another person accepts that offer. So when someone agrees to sell and
Premium Contract Breach of contract Contract law
REMEDIES FOR BREACH OF CONTRACT Failure of buyer to take delivery Section 44 states that‚ when the seller is ready and willing to deliver the goods and requests the buyer to take delivery‚ and the buyer does not‚ within a reasonable time after such request‚ take delivery of the goods‚ he is liable to the seller for any loss occasioned by his neglect or refusal to take delivery‚ and also for a reasonable charge for the care and custody of the goods: Provided that nothing in this section shall
Premium Contract Common law Breach of contract
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
Premium Contract Contract law Breach of contract
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
Premium Contract Breach of contract Contract law
contract of sale with Panda Ltd in China for the sale of perishable goods‚ F.O.B (free on board: i.e. buyer has to make the shipping and other arrangements). Howcan Pte Ltd then gets SureCan Pte Ltd to transport perishable goods from China to Singapore. The ship is supposed to transit via Vietnam. The goods are shipped out of China‚ but due to improper planning on the part of SureCan Pte Ltd‚ they are wrongly dispatched in Vietnam and further‚ SureCan Pte Ltd has not bothered to remedy the situation
Premium Contract Contract law Breach of contract
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
Premium Contract Breach of contract Damages
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
Premium Contract Judicial remedies Injunction
Running head: 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
Premium Contract Contract law Breach of contract
SALE OF GOODS Nature and Sources of Sale of Goods Law It is principally to be found in the Sale of Goods Act Cap 31 and certain propositions of the English Common Law. The Kenyan Sale of Goods Act is a replica of the English Sale of Goods Act of 1893 as passed in 1963. In addition to the Sale of Goods Act‚ the general rules of contract law apply to contracts for sale of goods. Contract of the Sale of Goods S.3 (1) of the Sale of Goods Act defines a contract for the sale of goods as ‘a contract
Premium Contract
Sale of Goods (Pg 358) The SGA applies generally to all contracts for the sale of goods: s1(1) SGA. It does not apply to other types of transactions involving goods. Contracts of Hire-Purchase are governed by the Hire-Purchase Act. In the case of the contracts for the sale or supply of food in Singapore‚ the Sale of Food Act applies. It does not apply to contracts of sale intended to operate by way of mortgage‚ pledge‚ charge or other security. SGA s2(1): A contract of sale of goods by which
Premium Contract Sale of Goods Act 1979