Effects of Breach of Contract

1640 Words Dec 13th, 2012 7 Pages
Effects of a Breach of Contract There are various types of contract with in the world of law such as civil law which deals with relations between individual citizens where as private law focuses on the relations between ordinary people on a day to day basis, both types of law include the law of contract. A contract is an agreement that is legally enforceable and therefore can be settled within a court of law, however how can we distinguish between a contract and any other form of non-legally enforced statement. If I promised to wash someone’s car yet I don’t in fact wash the car can I be held to a contract? In this case I can not simply because a promise is not a contract although there is no rule stating that all contracts must be in …show more content…
Within a contract there is also what is known as implied terms of which are no stated expressly by the parties involved but are still very much regarded as being a term within the contract. Three ways in which an implied term becomes a part of a contract are 1) Implied by statue an example would be the Sale of Goods Act 1979 so if a contract is made regarding food and quality isn’t expressly mentioned within the contract then automatically the Sale of Goods Act 1979 applies therefore making the quality of goods mandatory. 2) Implied by custom an example of which would be if a farmer employs a worker within the agreed contact the farmer agrees to provide a place to liv however within the contract itself it does not state which individual will pay for gay, electricity and the use of the telephone. If this case was then taken to court the worker could easily argue that although it was not stated in the contract that it is custom for the farmer to pay for the gas and electricity and that any calls made the worker would then pay for. 3) Implied by court in simple terms is the court changing a contract only if it makes good business sense to do.
Within a contract there are also exclusion clauses which are clauses that are written down stating if something was to go wrong that one party can avoid or at the very least limit liability for the breach of contract. For an exclusion clause to actually be properly included

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