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
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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
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Explain the common remedies that a party to a contract may claim under the law of contract. Various remedies exist in contract law. These include: Damages Damages in contract law are a legal remedy available for breach of contract. Damages are an award of money to compensate the innocent party. The primary purpose of damages in contract law is to place the injured party in the position they would have been in had the contract been performed. Parties to a contract may legitimately agree the
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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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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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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. Howcan Pte Ltd managed to trace the goods‚ but
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Holder becomes a holder in due course if when the instrument was issued there was no sign of forgery or fraud on the face of the instrument. In this case there is nothing on the note that would cause a reasonable person to believe that something is out of the orndinary about the note. The note in this case was issued by Elmer in order to pay for electrical equipment . There is nothing on the face of the note showing that there was any fraud or anything out of the ordinary. The note mus be a
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Critique on “Damages” as a remedy for breach of contract under Indian‚ American‚ English and Chinese law. Project: Law of Contracts [pic] |Submitted to: |Submitted by: | |Prof (Dr.) Amar Singh | | |Principal Faculty‚ |Dheerak
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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
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Theresa booked a ticket with AirMalaysia to fly her from Kuala Lumpur to Melbourne on the 1st of December 2009. The ticket was booked far in advance‚ paid for and the flight confirmed. On 1st December‚ however the flight was cancelled and the airline was unable to give Theresa an alternative flight on that day. Consequently‚ Theresa was forced to put up a night in Kuala Lumpur. The next afternoon‚ she flew to Melbourne on another airline. On reaching Melbourne‚ she found that she had lost a business
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