Mohan Raut Roll No. 10511. 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
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(the answer to each step must be “yes” for the clause to be valid; burden of proof on EER) 1. Is it in writing? (cannot be verbal) 2. Does it specify time/ place/ type of employment? 3. Does the EER have a “legitimate” reason to protect? (can you damage the EER by using knowledge gained?) Burger flipper = EEE talent / Game developer = EER paid for EEE to develop IP 4. Are the limitations from (2) reasonable? E.g. appropriate place? (North America covers a lot of ground) E.g. time? (one year
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A civil wrong other than a breach of contract. Tort usually refers to the causing of damage to property or to a person’s reputation‚ or harm to a person’s commercial interests. Wrongful act‚ other than a breach of contract‚ that injures another and for which the law permits a civil (noncriminal) action to be brought. Relief may be obtained in the form of damages or an injunction. The term derives from Latin tortum‚ meaning something twisted‚ wrung‚ or crooked The body of the law which allows
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Remedies Final Summer This fact pattern is regarding the misbehavior of Sony and its brand of music cds. In an effort to combat piracy‚ Sony hired a company to design a copy-protection system called XCP. This software was imbedded onto Sony’s cds and this software was designed to prevent unauthorized replication. If you tried to play a protected disk in your computer‚ you first had to agree to install a Sony music player to listen to it. Yet‚ this software used malware tactics‚ it took over the
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Hadley to lose some business. Hadley sued for the profits he lost due to Baxendale ’s late delivery‚ and the jury awarded Hadley damages of £25. Baxendale appealed‚ contending that he did not know that Hadley would suffer any particular damage by reason of the late delivery. Issue: Whether a defendant in a breach of contract case could be held liable for damages that the defendant was not aware would be incurred from a breach of the contract. Reasoning: The court said no to allowing Hadley
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advice or expressing an opionoin Damage: Recognised at all factual causation scope of liability Defences: Contributory negligence Remedies: Compensatory damages Consequential damage Lost opportunity Fraudulent misrepresentation (deceit) = A false representation made by one‚ who either has knowledge of its falsity‚ or is reckless as to its truth‚ with the intention that the Pl should act on it‚ and which causes damage as a result = A separate tort (and
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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 foreseeable at the time the breach or injury occurred in order
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to accept goods Section 56 states that‚ where the buyer wrongfully neglects or refuses to accept and pay for the goods‚ the seller may sue him for damages for non-acceptance. Section 56 of the local Act has no provision corresponding to sections 50(2) and (3) of the English Sale of Goods Act 1979 which lay down the rules for the assessment of damages for non-acceptance. In their absence‚ the local court will most likely apply the common law principle derived from the leading case of Hadley v. Baxendale
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Burke. This quote shows how children had their innocence‚ but they were just out of control‚ while they did not have any compassion for Ms. Lottie‚ and her feelings. Because they just had some fun‚ while they did not do any damage or hurt Ms. Lottie. Until Lisabeth did the damage‚ and vandalized Ms. Lottie’s garden for no reason she had her innocence‚ but no compassion. When Lisabeth got into Ms. Lottie’s garden and started destroying and vanishing Ms. Lottie’s beautiful garden bed‚ she (Ms. Lottie)
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March 16‚ 2013 Stovall Home Products 2567 Oak Avenue St‚ Louis‚ MO. 00000 Helen.Anderson@shp.com Ms. Anne J. Thompson 2567 Gulf Shores Way Tallahassee‚ Fl. 00000 Dear Ms. Thompson: Stovall Home Products received your customer compliant letter referencing the discoloration of your jacket after using our white-n-brite liquid bleach product. We here at Stovall understand your concern and frustration of possibly ruining a new jacket. Our entire team here at Stovall conducted a thorough
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