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
INTRODUCTION A contract (according to Gibson 1997) is a lawful agreement made between two or more persons within the limits of their contractual capacity, with the serious intention of creating a legal obligation, communicating such intention, without vagueness, each to the other and being of the same mind as to the subject matter, to perform positive or negative acts which are possible of performance. Contracting parties through agreement, breach and operation of law can terminate contractual
jurisdiction. The majority of the contract cases, 64% to be exact, were cases that were disposed by a bench trial” (BJS). Therefore, a contract is a legally binding agreement between two or more parties that is intended to be enforceable by law. It is sometimes believed that a contract is a written agreement, but that is not true, it can be written, spoken, expressed or even implied. There are four elements that need to be fulfilled when making a legal contract that will be discussed later, along
Mayfair has committed breach of contract and the torts of concealment and conspiracy to commit fraud against our company. Mayfair knowingly mislead our company into signing a contract when they knew the likelihood of the contract would not be completed in the specified time frame. Even though Mayfair had the “contract term that relieves them of contractual liability because of labor difficulties” (Reed et al, 2013 p.319), they can still be held accountable, because of the concealment of the fact
Derrick, can sue the other party; Susie. In the contract between Susie and Derrick, the shipping container weight was not specified. This means it is not a term of the contract. When Derrick asked Susie about the weight of the shipping container, Susie ensured Derrick the shipping container weighted less than 2 tonnes; this is not a term as it wasn’t stated in the contract, but is a collateral contract as it is a promise and not consisted with the contract. The shipping container weighted 2.7 tonnes
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
essay is to prove that there was a breach of contract, that there was tort liability involved, that there was a guest innkeeper relationship, a possible landlord tenant relationship and bailment involved. To begin with, Sarah Leah was offered a new job with a magazine company in Ottawa and had to start the next weekend. She packed up all her belongings and headed to Ottawa where she entered into an oral contract with the Holiday Inn Suites Hotel. Under this contract, the plaintiff would receive accommodation
Part A. Statute of Frauds The validity of an oral contract depends on the jurisdiction, in most cases they are treated like any written one, but some situations (such as when exchanging real property) may require physical evidence such as a written agreement to back up the oral one. For oral contracts to hold water (become enforceable) they must be done correctly, like making sure there is a witness to the deal-making. Question 1 Hoffman Vs Sun Valley Company In the Hoffman Vs. Sun Valley Company
What Constitutes a Breach of Contract? If one is studying law, one should be familiar with what actually constitutes the breach of a contract. A contract is an agreement made up of a promise, or set of promises, that is made between parties in which one will do or refrain from doing a particular thing. Also, when determining the validity of a contract, one should ask whether or not an offer was made, was the offer considered or worth considering, and was the offer accepted? Contracts are a major part
Breach of contract action- Vanderbilt brought the action against Dinardo for breach of contract. The contract contained reciprocal liquadated damage provisions. Vand. agreed to pay Dinardo his remaining salary should Vand release him as football coach, Dinardo agreed to reimburse Vand should he leave before his contract expired. Dinardo signed an addendum for his 2 year contract extensions before resigning however. He stated that his lawyer need to look over the document before it became finalized