Breach of contract

reinsured has granted an indemnity without having reinsurance cover (as the reinsurance contract is voidable). A reinsurer may also rely on a breach of the underlying insured and its failure to disclose material facts to the reinsured. In cases of non-disclosure of an underlying insured, a reinsured may make an ex-gratia payment and therefore, the reinsurer may argue that there is no indemnification. In each situation where reinsurance is voided, the reinsured is left in an unfavourable position

DAMAGES FOR BREACH UNDER INDIAN CONRACT ACT When a contract has been broken by the party who suffers by such breach1is entitled to receive from the party who has broken the , contract compensation for any loss or damage caused to him by whch the natural course of things from such breach or which the parties knew when they made the contract ,to be likely to result from breach of it , such compensation is not to be given by the any remote loss or the damage sustained by the reason of breach. Explanation

1a) Whilst it is unfortunate that the useable coal has been reduced by half because of the fire, it is unlikely that the Chinese buyer will be able to seek any remedies against the Australian buyer, AUS STEEL. This is because the contract has specified FOB (Free On Board) which means that the seller has paid for the goods to be loaded onto the ship. In this INCOTERM the risk for those goods is transferred when the goods are loaded. Additionally, the master of the Iron Monarch had issued a clean bill

C. THE UNFAIR CONTRACT TERMS ACT 1977 The basic purpose of UCTA 1977 is to restrict the extent to which liability in a contract can be excluded for breach of contract and negligence, largely by reference to a reasonableness requirement, but in some cases by a specific prohibition. S.6(2) states that as against a person dealing as consumer, liability for breach of the obligations arising from ss.13, 14 or 15 of the Sale of Goods Act 1979 (seller's implied undertakings as to conformity of goods with

claim for unfair dismissal recognises that the common law cannot give adequate protection to the employees through the contract of employment, in that wrongful dismissal claim depends upon a breach of contract of the employment, usually in the form of inadequate notice being given by the employer. Many dismissals can be considered unfair that do not amount to the breach of the contract, for the wrongful dismissal claims look not to intention, motive, or the effect on an employee of a termination of the

Traditionally terms were classified as either conditions or warranties. A condition can be defined as a major term of the contract which goes to the root of the contract. If a condition is breached the innocent party is entitled to end the contract and claim damages. An example of a condition breach of a contract is Poussard V Spiers (1876).where Madame Poussard entered into a contract with Spiers as and Opera singer and became ill days prior to the opening night and as a result was unable to perform

states a contract can be enforced even though there is no consideration. 4A) A breach of contract is when one party doesn 't perform the contract in a way which is expected or doesn 't perform the contract at all. There are different ways in which a contract can be breached and the first of these is a minor breach which once this happens the innocent party is entitled to compensation but the contract is not terminated. The second manner a contract can be breached is a fundamental breach where the

caused by a breach of contract or duty which can be compensated by the award of damages.There is a difference between legal causation and factual causation because of that question arises whether damages resulted from breach of contract or duty. In contract law Hadley v Baxendale is the traditional test for remoteness.Test is in essence a test of forseeabilty. The loss is only recoverable if it was in contemplation of parties.English Law relating to remoteness of damages in contracts is no more vague

in their business contracts, as it protects the parties of contract not to being any breach. Also it helps to provide certainty, avoid disputes and provide an incentive to enter into the contracts. The aim of this clause is to compensate the losses of innocent party by the guilty party, but not penalize the party in breach by requesting party in breach too many fines. To deter Mode Designs for any delay, PLC should insert a liquidated damages clause at the time they made contract. Liquidated damages

Sydney Cloud Case Study Business Law 3310 Dr. Stanley F. Seat Name and Citation Contract Freighters, Inc., V. J.B. Hunt Transport, Inc. 245 F.3d 660, 52 ERC 1349 Decided on April 3, 2001 Court This decision was held at the district level with the Honorable Gary A. Fenner of the United States District Court of the Western District of Missouri as the judge on the case. Judicial History In order to determine which party to rule in favor of, the court must look back to prior rulings to discover