Chapter 18: Remedies for Breach of Contract Election to discharge: self-help remedy Types of Judicial Remedies • Common law remedy of damages • Common law remedy of an action for a fixed sum • Equitable remedy of specific performance • Equitable remedy of injunction Limitation Act • Judicial remedies may be barred by lapse of time due to LA • S 6 LA: no action against breach of contract after 6 years have passed (unless party unaware of breach) • LA does not apply to any legal action rooted
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unknowingly enter into series of contracts. This may be in the form of purchasing an article from a shop or by purchasing a railway ticket or by numerous ways. In modern societies‚ because of increasing complexity‚ there has been a practice of concluding contracts in standard form. One such instance of a standard form of contract is contract of insurance. Thus‚ standard form of contracts are those kinds of contracts were parties do not sit together to bargain the terms of the contract. One problem that is likely
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CHAPTER 2: Nature and Effects of Obligations Art. 1163. Every person obliged to give something is also obliged to take care of it with the proper diligence of a good father of a family‚ unless the law or the stipulation of the parties requires another standard of care. (1094a) 3 kinds of prestations in obligations: • To give real (there is some physical thing which may be the subject of possession‚ the delivery of which completely discharges the obligation) • To do • Not to do
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Frustrated Contracts Act 1978 As at 1 July 2010 Reprint history: Reprint No 1 25 June 1981 Reprint No 2 12 November 2002 Long Title An Act to amend the law relating to frustrated contracts. Part 1 – Preliminary 1 Name of Act This Act may be cited as the Frustrated Contracts Act 1978. 2 Commencement (1) This section and section 1 shall commence on the date of assent to this Act. (2) Except as provided in subsection (1)‚ this Act shall commence on such day as may
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Aspects of Contract and Negligence for Business In today’s business perspective‚ when we deal with varieties of sales and buying‚ we are simply using different types of law about business which are formally known as business law. The importance of business law in business world is very much significant. Business operates in an increasingly global environment where the laws of different government and judicial system might conflict. That’s why‚ it is very much essential to know about the legal law
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COMMERCIAL CONTRACTS UNDER NIGERIAN LEGISLATION Introduction A contract is an agreement which is legally binding on the parties to it and which if broken may be enforced by action in court against the party that has broken it. A contract may be void or voidable. A void contract is that which lacks the essential ingredients or elements of valid contract and therefore of no legal effect. A voidable contract is that which is valid in the first place but may be ended at the instance of one of the
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Ans: Section 2(h) of the Indian Contract Act‚ 1872 defines a contract as an agreement enforceable by law. Section 2(e) defines agreement as "everypromise and every set of promises forming consideration for each other." Section2(b) defines promise in the word: "When the person to whom the proposal ismade signifies his assent thereto‚ the proposal is said to be accepted. A proposalwhen accepted becomes a promise." From the above definition of promise‚ it is obvious that an agreement
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It is quite complicated to incorporate the GAAP criteria to the contract. The contact does not clearly identify what the $5‚000‚000 fee is for. One can imply that it provides PACE the exclusive rights to show these films in their own theatres. If that was the case then the $5‚000‚000 is realized when the contract is signed however $2‚500‚000 is earned at the time of signing the contract and the remainder is not earned until PACE uses these rights for six months. They will recognize it as revenue
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Research Paper Title 2008/9 ‘Termination of the contract as a remedy for breach of contract by the seller: a comparison between English law and the CISG.’ A Research Paper submitted to the University of Manchester for the Degree of LL.M Masters (International Business Law) in the Faculty of Humanities. School of Law ID#744178 April 2008/9 Declaration i. No portion of the work referred to in the research has been submitted
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theoretical background upon behavior modification techniques Abstract Behavior modification is a technique about the change in undesired behavior and enhancing desired behavior. In this paper is shown the history of this technique‚ when it dates from‚ a theoretical background and the steps of the modification‚ in order to be successful and thriving. This paper will show one of the first experiments with the behavior modification and how they helped this behavior technique to evolve‚ so
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