The approach the Zimbabwean courts take towards the question of damages in breach of contract cases.

The aim of damages resulting from negligence is to provide the plaintiff with a lump sum of money that will put the plaintiff in the position that the plaintiff would have been in had

UNDER ____, FAULT IS APPORTIONED; WHERE THE PLAINTIFF IS NEGLIGENT AS WELL AS THE DEFENDANT, THE PLAINTIFF'S AWARD IS REDUCED BY THE PLAINTIFF'S PERCENTAGE OF FAULT.

2) No action on a contract need be present for damages to be proper. An executory contract will suffice.

breach of express and implied contracts based on the theory of promoter liability. The courts

        Compensatory Damages - Special damages: things with actual cost such as medical expenses. General damages: Include pain and suffering which actually can not be priced.

To begin, the Arrowhead School District v. James A. Klyap case teaches us about liquidated damages. Liquidated damages are damages for breach by either party that may be liquidated in the agreement but only at an amount which is reasonable in the light of the anticipated or actual harm caused by the breach, the difficulties of proof of loss, and the inconvenience or nonfeasibility of otherwise obtaining an adequate remedy. James Klyap was hired as a new teacher in the Arrowhead school district where he signed a contract

It is agreed by many, if not all, that the compensatory principle is the ruling principle in breach of contract

* Terms relating to the amount of damages that the parties might receive if things go wrong.

There are four remedies for breach of contract under UCC Article 2. Categorized as remedies of law; the first is compensatory damages, which cover direct losses and costs. Compensatory damages are an attempt to put the non-breaching party in the same position it would have been had they not suffered the breach. Second are consequential damages, which are to cover indirect and foreseeable losses not covered by compensatory damages. Third is restitution to prevent the unjust enrichment of one party in the agreement. Fourth, liquidated damages are provisions agreed to by the parties when drawing up the contract in the event of a default or breach of contract by either party (Melvin, 2011).

A contract is simply an agreement which has legal value so that it is binding on both the parties, and each of the party can enforce it lawfully in case of any contravention of the terms of agreement. For an agreement to take the form of a contract, it is necessary for it to contain four essential components of a legally binding contract . These include,

There must be consideration for a contract to be enforced by the court. According to the Restatement 2nd of Contracts §71, to constitute consideration, a performance or a return promise must be bargained for. Furthermore, for there to be consideration, there must be either a benefit to the promisor or a detriment to the promisee (see Hamer v. Sidway).

damages functions as a substitute for relief under the IDEA, a plaintiff cannot escape the

The mental anguish that he has had to go through and the pain and suffering that he has had to endure are also grounds for compensatory damages. Chapter 12 also covers punitive damages. These damages are fines that the court may impose on the company or individual in an effort them for the neglect. The company will undoubtedly be sued for negligence.

The legal aspect of every contract in business requires critical analysis for every term in accordance to the specifics upon which both parties are involved. The reason for analyzing such terms carefully is because it can become a crucial part in determining the decision making when addressing any business problem. This is generally more important from the perspective of the company management because some situations can result in high intensity and significance for the company. Analyzing the terms of a contract will help avoid any inappropriate or insufficient conclusions when presenting a final resolution in times of a dispute.

Contracts are part of business law. It is an essential part of business law because it offers a base for businesses to expand and develop within the business/economic society. The 6 main components that form a contract are; offer, acceptance, consideration, intention to be legally bound, capacity to contract and legality of the promises. If one in six of these elements were missing a contract would not exist; it is necessary to include all required aspects into the contract as it is used as evidence. In this essay, the element of acceptance will be discussed immensely with evidence of cases and legislations to weather acceptance is a definite and unqualified assent to an offer, on all of its terms and if any acceptance given conditionally will not result in a legally binding agreement.