I PART A
Is Jackson able to recover by way of damages; the students’ profits made on Airbandb; and the loss for the three months rent before 1 December?
To show that Jackson may recover contract damages, the following elements must be considered:
1. Breach
2. Loss
3. Causation
4. Remoteness
5. Assessment of damages
A Breach
To claim damages, Jackson must establish breached of contract. The contract prohibits the students from sub-letting the property without Jackson’s express permission. Without his knowledge, they sub-let the house on Airbandb, thereby constituting breach.
B Loss
Jackson has lost the profit from three months rent before 1 December.
C Causation
Did students’ breach cause Jackson to lose rent profits for the
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Per Hadley v Baxendale remoteness is satisfied where the damage either:
(a) arose naturally according to the usual course of things, from the breach; or
(b) may reasonably be supposed to have been in the contemplation of both parties at the time they made the contract, as a probable result of the breach.
Applying the first limb, the students were presumably aware that subletting was a ‘serious possibility’ in termination and loss of future rent payments (until a new tenant was found), thus rendering the loss ‘reasonably foreseeable’. While the students may argue that the extent of the loss as a full three months of lost rent renders the loss too remote, per H Parsons (Livestock) Ltd v Uttley Ingham, the foreseeability of the extent of the harm is irrelevant where the type of harm was foreseeable (as satisfied above). Thus, remoteness is likely satisfied.
E Assessment of damages
Can Jackson claim loss-of-bargain damages?
Loss-of-bargain damages are only recoverable where a contract can be terminated at common law: Shevill v Builders Licensing Board (‘Shevill’). At common law, the right to terminate may arise when there is a breach of a condition - a term so important the party would not have entered into the contract without assurance of its strict performance: Luna Park (NSW) Ltd v Tramways Advertising Pty Ltd.
This clause is likely to be construed as a condition given the contract is a lease agreement.
Because of the enhancement of the competitive advantage of our nation's farmers and ranchers, the government creates a business- friendly atmosphere for the company. This could decrease operation cost. The government may give some grants to help company.
As Privy Council held in the case of "Wagon Mound (No 1)" that a party can only be held liable for damage that was reasonably foreseeable, the defendant should not be responsible for losses that are ‘too remote’ from the breach. It is obviously that the university could foresee that Brad have to quit his job to finish the degree and also need to pay for the fees.
…a breach of a covenant, no matter how minor and no matter how de minimis the damages, can be the subject of enforcement. As this Court said in Oosterhouse v. Brummel, 343 Mich. 283, 289, 72 N.W.2d 6 (1955), “ ‘If the construction of the instrument be clear and the breach
15–1. Liquidated Damages. Carnack contracts to sell his house and lot to Willard for $100,000. The terms of the contract call for Willard to make a deposit of 10 percent of the purchase price as a down payment. The terms further stipulate that if the buyer breaches the contract, Carnack will retain the deposit as liquidated damages. Willard makes the deposit, but because her expected financing of the $90,000 balance falls through, she breaches the contract. Two weeks later, Carnack sells the house and lot to Balkova for $105,000. Willard demands her $10,000 back, but Carnack refuses, claiming that Willard’s breach and the contract terms entitle him to keep the deposit. Discuss who is correct. (See Damages.)
breach of express and implied contracts based on the theory of promoter liability. The courts
Robert Chuckrow Construction Company (Chuckrow) was employed as the general contractor to build a Kinney Shoe Store. Chuckrow employed Ralph Gough to perform the carpentry work on the store. The contract with Gough stipulated that he was to provide all labor, materials, tools, equipment, scaffolding, and other items necessary to complete the carpentry work. Gough’s employees erected 38 trusses at the job site. The next day, 32 of the trusses fell off the building. The reason for the trusses having fallen was unexplained, and evidence showed that it was not due to Chuckrow’s fault or a deficiency in the building plans. Chuckrow told Gough that he would pay him to reerect the trusses and continue work. When the job was complete, Chuckrow paid Gough the original contract price but refused to pay him for the additional cost of reerecting the trusses. Gough sued Chuckrow for this expense. Can Gough recover?
Have you ever been done wrong? Have you ever been done wrong under a contract and faced sufficient damages causing a loss? Chapter 18 focuses on contract remedies, and how damages to a party are compensated. When a party breaches a contract, under the law the court can give the injured party an equivalent of what the promised performance would have rewarded. The two cases I chose to discuss are the Arrowhead School District No. 75, Park County, Montana v. James A. Klyap, Jr. case and the Parker v. Twentieth Century-Fox Film Corp. case. Both of these cases provide us with a very good explanation of different types of damages, and how the court came to a conclusion based off of the different scenarios. Throughout the remainder of this article, it will briefly discuss the details of each case, the similarities and differences among them, and how your business clients can use these cases to strategically prevent future legal issues of similar nature.
case brief---Gregory, a comedy writer, entered into a contract with Wessel, a comedian. The contract provided that Gregory would provide Wessel with a 15 minute monologue for his upcoming appearance on the comedy hour and Wessel will pay $250 to Gregory. All performers could make $500 per appearance on the comedy hour. and when Wessel was scheduled to aper on the comedy hour, Gregory informed him that he was unable to provide the monologue, because last time Wessel was asked to make special guest appearances at three local comedy clubs performance during the comedy hour. and Wessel bought lawsuit to Gregory for beach of contract and request damages of $1250.
Chuckrow told Gough that he would pay him to reerect the trusses and continue work. When the job was complete, Chuckrow paid Gough the original contract price but refused to pay him for the additional cost of reerecting the trusses. Gough sued Chuckrow for this expense. Can Gough recover? Robert Chuckrow Construction Company v. Gough, 117 Ga. App. 140, 159 S.E.2d 469, Web 1968 Ga.App. Lexis 1007 (Court of Appeals of Georgia)
Petersen could sue for compensatory damages. Within the Sons of Thunder case, a jury found the defendant (Borden Inc) to have breach its implied duty of good faith and fair dealing by terminating the contract and the jury awarded the plaintiff compensatory damages of $412,000, which the plaintiff would have received if the contract had been fulfilled (Sons of Thunder, Inc v Borden, Inc, 1997). Thus, Mr. Petersen could seek compensatory damages for lost profits which would have been gained if the contract had not been breach. Mr. Petersen could also seek remedies for the breach. The U. C. C. provides laws by which a buyer may obtain remedies for a breach of sale contract. Under section 2-716, the buy could compel the seller to fulfill the contract (specific performance) and has the right to recover damages after the contract’s cancellation (U.C.C. §2-716, 2012). But specific performance mandates by courts are rare (Kubasek, Brennan, & Browne, 2015); therefore, Mr. Petersen should seek compensatory damages for breach of
The issue is whether Joe and John can legally sue Tom, when he informed them he could not afford to send them to boarding school and if they can sue immediately or must wait until September 2012.
If I were treating Jackson (and his family) I would like to know more about his father and sister’s mental health status and treatment history. Such information would likely to shed light on how the family has dealt with psychological challenges. Their past and current response to emotional challenges would help me understand Jackson’s resources within the family (see Jones-Smith, 2014). Such information can be obtained through an intake questionnaire, individual clinical interview, and interview with family (e.g., parents). It would be helpful to use multiple methods to gather information for obtaining the accurate picture of Jackson’s circumstance.
Studmaster Pty Ltd was a landlord that owned a shopping complex in Bourke Street, Melbourne. Mrs Tran operated the “Vietnamese Lunch Box” outlet in the food court. She had little ability to speak or read English, which the representatives for Studmaster knew about. Studmaster proposed a three year renewal of her lease at $48,000 per annum plus GST for the first year and CPI increments in the second and third years.
Punitive damages should be awarded in some cases, and are justified in some cases. The primary purpose of punitive damages is to punish a wrongdoer and is not because of a breach of contract. Courts also may award a punitive damage if an intentional tort is done, to causes harm. Especially, if a person intentionally injures a neighbor’s pets that are playing, in their neighbors own backyard. By hitting it with a rock that causes harm to the animal. In this case, I feel that a punitive damage should be awarded to discourage that type of behavior from occurring in the future,
Can Andy sue Doug for breach of contract given the terms implied based on the facts of the case?