statutory remedies ( if any) should EY seek against Roberta? The remedies for breach a general law duty include an injunction‚ compensation or damages‚ an account of profits‚ rescission of a contract‚ and a constructive trust. Firstly‚ the company can seek an injunction‚ which is an order of the court requiring the director to stop doing something or to undertake a particular action‚ in this case‚ EY can terminate the contract. Secondly‚ in this case‚ even though EY has not yet suffered any loss or damage
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The contract is agreement between two parties they find they have some to exchange; the power and commitment between two parties enforcement by the court‚ The contract have many legal details to be discussed by lawyer or expert. The contract administration‚ focus on the requirement for the services the company have to get when they sign a contract for new service or to get new products. In field like software consultant it is very complicated and different detailed need to focus on contract to
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Application: Under the contract of Mitigation of Damages‚ when a breach of contract occurs‚ the innocent injured party is usually held to a duty to mitigate or reduce the damages that he or she suffers. In this case‚ VanHorn suffers from the contract that Barton breached. Conclusion: Barton is responsible for mitigating VanHorn’s damages. 18-5 Issue: In whose favor should the court rule‚ and why? Rule of Law: Waiver of Breach Application: Under the doctrine of Waiver of Breach‚ the waiver erases
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was enter into contract with AirMalaysia‚ but on 1st December 2009 AirMalaysia cancelled the flight and the airline can’t give alternative flight to Theresa‚ according to contract act 1950 section 40 when a party to a contract has refused to perform‚ or disabled himself from performing‚ his promise in its entirely‚ the promisee may put an end to the contract‚ unless he has signified‚ by words or conduct‚ his acquiescence in its continuance. For example‚ a singer A enter into a contract with B‚ the
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Index of Authorities Statutes Used Indian Contract Act‚1872 Narcotic Drugs and Psychotropic Substances (NDPS) Act‚1945 List of Books Pollock and Mulla‚The Indian Conrtract Act and Specific Reliefs Act‚ Nilima Bhadbhade(14th edition‚2012) Avtar Singh‚ Conrtract & Specific ReliefAnson’s Law of Contract(10th edition‚2010) Anson’s Law of Contract‚ J. Beatson (28th edition‚2002) Charlesworth and perry on Negligence‚ Sweet and Maxwell(London
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Requests for Quote or Tenders. These risks are generally the same as those you would identify for any building and construction project: 1. What constitutes a breach of contract and what is the resultant impact. Will a breach trigger termination‚ or will it require make good or rectification at your own cost? Can you terminate the contract or can it only be done by the client? 2. Delays caused by circumstances outside the builder’s control‚ such as: a. Delivery delays that delay project completion
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breaches of contract by the owners by suspending or deliberately going slow are extremely dangerous. In this case‚ the plaintiff contended that it was entitled to suspend works because of non-payment of one certificate and partial non-payment of another. The defendant argued that even if the Defendant was not entitled to set off sums of monies for delay and defective works against sums due to the Plaintiff in the interim certificates‚ there was no provision in the rudimentary contract between the
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An agent is a person authorized to negotiate and enter into contracts on behalf of another who is known as the principal in his dealings with a third party. The legal relationship between an agent and a principal is an agency. For examples‚ between a client as a principal (P) and lawyer as an agent(A)‚ employer (P) and employee (A)‚ house owner (P) and housing agent (A) and others. The principal and the agent are in an employment contract where the terms of appointment and authority have been set
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experienced losses with the declining sales plus with his reputation as a retailer has been damaged. Thus‚ Dali is said to breach the contract by neglecting Apparat’s request. Dali as an agent for Apparat has breach his duty as an agent to his principal. The duty of an agent to his principal has been laid out on Section 164-178 of Contract Act 1950. Section 164 of Contract Act mentioned that - an agent is to obey the principal’s instruction and to act according to custom where instruction is
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Take home exam/assignment – Business Law for IBA - 2012 A. Contract for independent contractor Find a suitable contract and shorten it (or write one yourself from scratch)‚ so you have just the essentials to offer as an agreement for that consulting job for that consulting firm. INDEPENDENT CONTRACTOR AGREEMENT http://www.free-legal-document.com/free-independent-contractor-agreement.html THE PARTIES TO THIS AGREEMENT ARE: Better Software Corporation (hereinafter referred to as “the Company”)
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