Breach of Contract & Remedies 1 Breach of contract Nature of breach A breach of contract occurs where a party to a contract fails to perform‚ precisely and exactly‚ his obligations under the contract. This can take various forms for example‚ the failure to supply goods or perform a service as agreed. Breach of contract may be either actual or anticipatory. Actual breach occurs where one party refuses to form his side of the bargain on the due date or performs incompletely. For example: Poussard
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What are the defenses to a breach of contract? If someone is accused of breach of contract‚ there are a number of defenses available to argue that a contract should not be enforced. If any of the basic contract elements are missing‚ or if the contract was made with someone of diminished capacity or for illegal purposes‚ a contract can be unenforceable. Some other examples of potential defenses to enforcement of a contract are mutual or unilateral mistake‚ duress or undue influence‚ unconscionability
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attempting to enforce. A. Definition: Contract law is an enforcement of a single promise‚ not an agreement at whole. a. Contract law is state law. It is common law by default‚ unless a statute has been passed covering the issue. Right to contract is guaranteed primarily by common law and some statutes‚ NOT by the constitution. Our law does not recognize any natural right to freedom of contract or economic activity. B. Sources of Contract Law b. Common Law: applies if the UCC
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Elements of the law of contract Catharine MacMillan Richard Stone 2009 LLB 2650040 Diploma in Law 2690040 page 2 This subject guide was prepared for the University of London External System by: University of London External System Catharine MacMillan BA (Victoria) ‚ LLB (Queen’s‚ Canada)‚ LLM (Cantab)‚ Lecturer in Law‚ School of Law‚ Queen Mary‚ University of London and Richard Stone LLB (Soton)‚ LLM (Hull)‚ Barrister‚ Professor and Head of Law‚ Lincoln Law School‚ University of
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DEVELOPING CONTRACTS IN PURCHASING & SUPPLY Welcome to the ‘bonus’ features of your Profex Study Pack! This material is intended to support‚ extend and focus your study and revision for your Developing Contracts exam. While you’re on-line‚ browse through the content and use any links that look interesting. We’ll flag updated material for you in blue text‚ so that you can quickly see where there’s something new. You may want to save this as a Favourite in your Web browser‚ and opt to have access
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As our textbook explains fraud invalidates a contract. “The presence of fraud affects the authenticity of the innocent party’s consent to a contract. When an innocent party is fraudulently induced to enter into a contract‚ the contract usually can be avoided because she or he has not voluntarily consented to the terms. Normally‚ the innocent party can either cancel the contract and be restored to her or his original position or enforce the contract and seek damages for harms resulting from the fraud
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To deal with such difficult case where she does not know how the damage was caused‚ he could apply the doctrine of res ipsa loquitur. It means that the plaintiff can prima facie establish negligence where it is not possible for her to prove precisely what was the relevant act or omission which set in train the events leading to the accident but on the evidence as it stands at the relevant time its more likely that not that the effective cause of the accident was some act or omission of the defendant
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b) Loss of the thing due c) Condonation or remission of the debt d) Confusion or merger e) Compensation f) Novation In addition: g) Annulment h) Rescission i) Fulfillment of a resolutory condition j) Prescription k) Death of a party in case the obligation is personal l) Mutual desistance m) Compromise n) Impossibility of fulfillment o) Happening of fortuitous events PAYMENT or PERFORMANCE Payment or fulfillment consists in the delivery of a sum of money or
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Conditions of Contract for Construction MULTILATERAL DEVELOPMENT BANK HARMONISED EDITION GENERAL CONDITIONS June 2010 For Participating Bank use only Released 30 June 2010 COPYRIGHT FIDIC 2010 FEDERATION INTERNATIONALE DES INGENIEURS-CONSEILS INTERNATIONAL FEDERATION OF CONSULTING ENGINEERS INTERNATIONALE VEREINIGUNG BERATENDER INGENIEURE FEDERACION INTERNACIONAL DE INGENIEROS CONSULTORES General Conditions CONTENTS 1 1.1 1.2 1.3 1.4 1.5 1.6 1.7 1.8 1.9 1.10 1.11 1.12 1.13 1.14
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Standard Building Contract With Quantities 2005 Edition (JCT SBC05) Revision 2 2009. According to Clause 4.13.1 of the (JCT SBC05) Rev 2 2009‚ the Employer is obliged to pay the amount due as stated in the Interim Certificate within 14 days from the date of issue. According to Clause 4.13.3 & 4.13.4 of the (JCT SBC05) Rev 2 2009‚ the Employer shall serve a notice to the Contractor notifying of any deductions/sums withheld‚ what the amount relates‚ the grounds for such a case and the basis of calculation
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