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
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ZAMBIAN OPEN UNIVERSITY SCHOOL OF LAW COMPUTER No. 21110141 LARRY HORE NJUNGU BACHELOR OF LAWS (LLB) COURSE: CONTRACT LAW (LL 12) LECTURER: GREENWELL LYEMPE ASSIGNMENT No. 2 SECOND YEAR‚ 2ND SEMESTER MOBILE: 0977 666160 CONTACT ADDRESS: PLOT 3601/4‚ MAPEPE ROAD‚ OLYMPIA PARK‚ LUSAKA TASKS: (i) Purpose of contractual remedies and whether they serve their intended objective (ii) Relationship between agency and principal (ii) Misrepresentation in
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distinct from the provision of remedies for violations of that right (just because a right was violated doesn’t necessarily mean there’s a remedy) Choices between responsible solutions in a world of limited possibilities (A solution requires the decision maker to select between alternative possible solutions in a world of limits) GOAL: to use actual professional judgment to choose as wisely as possible between all the alternative remedial solutions TYPES OF REMEDIES (usually classified according
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Formation: For a contract to take place an offer has to be given to someone and he or she would have to accept it in written. The transaction in this case involves a sale of goods contract. “A contract of sale is a legal contract an exchange of goods‚ services or property to be exchanged from seller to buyer for an agreed upon value in money paid or the promise to pay same. It is a specific type of legal contract.’ (1) Offer: On May 1‚ Joseph received a written order from Steve at the price listed
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Section 73 in The Indian Contract Act‚ 1872 73. Compensation for loss or damage caused by breach of contract.- When a contract has been broken‚ the party who suffers by such breach is entitled to receive‚ from the party who has broken the contract‚ compensation for any loss or damage caused to him thereby‚ which naturally arose in the usual course of things from such breach‚ or which the parties knew‚ when they made the contract‚ to be likely to result from the breach of it. Such compensation is
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CONTRACT – DISCHARGE (Pg 161) Discharge refers to a termination of a contract. After a contract is discharged‚ the parties are relieved of their obligations under the contract. There are four ways Performance‚ Breach‚ Agreement and Frustration. Performance Performance – discharging a contract by performing all obligations as stipulated in the contract. Precise Performance Cutter v Powell (1795) The court held that payment was conditional upon the completion of the voyage; payment even
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Eucalypus Oil Remedies. Eucalyptus opens the lungs and encourages breathing‚ clears clogged nasal passages and bronchial congestionmaking eucalyptus one of the best known cold remedies.Eucalyptol‚ one of its main constituents‚ is found in many over-the-counter cough drops. Eucalyptus oil is also a good pain reliever for sore muscles and arthritis pain. Remedies The eucalyptus oil is a multipurpose essential oil‚ that can be used as a home remedy for treating congestion and colds. Add 5-10 drops
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Types of Remedies: Compensatory - A money award equivalent to the actual value of injuries or damages sustained by the aggrieved party. When a contract has been breached‚ the court orders the party that breached to pay the amount of direct losses done to innocent party. Consequential - Special damges that compensate for a loss that is not direct or immediate (for example‚ lost profits0. The special damages must have been reasonably foreseeable at the time the breach or injury occurred
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PART A Sita is able to claim personal injury damages under an action in tort for negligence. The principle of these damages is restituo in inegrum‚ which is based on the principle restoring the plaintiff to the position they were in before the tort took place (Sharman)1. These damages are presented on a once and for all basis as a lump sum with the date of assessment being that of the date of trial. 1. Economic Loss Economic loss is under Divison 2 of the Civil Liability Act2 (CLA). Under
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Explain the common remedies that a party to a contract may claim under the law of contract. Various remedies exist in contract law. These include: Damages Damages in contract law are a legal remedy available for breach of contract. Damages are an award of money to compensate the innocent party. The primary purpose of damages in contract law is to place the injured party in the position they would have been in had the contract been performed. Parties to a contract may legitimately agree the
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