Breach Of Contract Essay
XI. Breach of contract
Breach is defined as an act of failing to observe or comply with the law, agreement, or code of conduct. In the other hand, contract means a spontaneous, cautious, and legally binding agreement between two or more parties. Therefor breach of contract is failing to comply with the legal agreement between parties.
In a wider meaning, breach of contract is the failure to comply or be able to perform in whole or part whatever is in the contract without any legal reason or excuse. It is not subject to imprisonment but someone who is proven committed breach of contract would surely be liable for the damages.
Breach of Contract can surely affect individuals and even business organizations.
Here the four different types of breaches:
• Material breach – this is the
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• The contract was broken.
• You lost money.
• The defendant or offender (person or business you're challenging) was responsible.
The remedies for breach of contract are specific performance which is a court order for each person or business to follow through with the initial agreement, award of damages, rescission which is when the contract is canceled, any money returned, and the matter dropped as if it never happened, and restitution achieved when the contract is re-written to better suit the actual intention of the contract-essentially a 'do-over'. The main remedy of breach of contract is the award of damages which will be use when an innocent party faces a contract being breached.
The purpose of damages is for the part of the claimant. The damages are the monetary sum set by the court for reimbursement to the claimant. Therefore the innocent party must show that they have suffered actual loss, if this can’t be proved then they will only be entitled to nominal damages. To award the claimant for damages, the court has to think about two things:
• Remoteness –the consequence of the breach
• Measure of Damages – the damages are evaluated in monetary
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