Remedies For Breach Of Contract Reading Free Essays.
Remedies for breach of contract: Section 73 of the contract Act deals with the consequences of a breach of contract and on the basis of which compensation for any loss or damage is to be assessed by providing that 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.
There will be a breach of contract and you will be asked to consider the potential calculation of damages. You also may be asked more generally about the potential remedies, which will usually include damages. The below example should allow you to get a general idea of how questions involving damages for a breach of contract may appear.
Damages may not always be an adequate remedy for breach of contract or, indeed, an appropriate one. This may be particularly so if the contract has not yet been breached but action is proposed, which will amount to breach. In such circumstances, it may be more appropriate to seek some form of equitable remedy, either in addition to or in lieu.
The laws of tort and contract essay On the facts as given this scenario raises potential civil liability in nuisance, negligence and trespass. Although the laws of tort and contract both deal with obligations, it is possible to distinguish between them on the basis that in the case of a contract the parties are voluntarily assuming obligations whereas tortious liability is compulsorily imposed.
Remedies: Contract and Specific Performance Essay Sample. Currently, courts are largely limited to awarding loss-based damages for breach of contract, although performance can be ordered in some circumstances. There are economic arguments in favour of this approach, but in some circumstances it may be inadequate.
Sometimes damages are not an adequate remedy and this is where the equitable remedies (such as specific performance and injunction) may be awarded. Damages. 3.1 Nature: The major remedy available at common law for breach of contract is an award of damages. This is a monetary sum fixed by the court to compensate the injured party.
Legal Remedies for Winning Breach of Contract Essay Sample. Free Articles. Executive Summary. Contracts are at the bosom of every dealing we do. They exist and bind us regardless of whether we are cognizant of its being or non. They besides presuppose a promise or an duty which must be complied with. ( “Contracts” ) Courts have the sacred.