An Introduction to the Breach of Contract

An Introduction to the Breach of Contract Disclaimer: This work has been submitted by a student. This is not an example of the work produced by our Law Essay Writing Service . You can view samples of our professional work here . An Introduction to the Breach of Contract A breach of contract is also in a contract. Breach of Contract is the existence of agreement where there is a failure to keep the promises or agreement or failure to live up to his or her responsibilities of a contract. The whole contract or part of the contract may be breached. There are three important remedies available in a contract which is damages, specific performance and injunction. 2.1.1 Damages The remedy that is available in a contract which is damages is due to the losses or costs which incurred because of another party wrongful act. Damages are the payment in one form or a remedy which is provided by the common law to provide financial compensation or loss or debt where there has been a breach of contract. The main purpose there is damages in a breach of contract is because there is a need to protect the promisee s expectation interest and in the promisor s performance. There are also contractual damages in a breach of contract. It is a loss suffered when there is a breach of contract. Contractual damages are not mean to be a punishment for the party who has fails to perform the agreements which are in the contract. The defendant s ability to pay in ensuring the measure of damages does not consider by the court. When there are cases which make the party unable to perform the agreements made in a contract, the plaintiff who is the person who brings suit in the court which is opposed to the defendant would have expectation interest which is measured by difference – money damages. The difference between the contract price and the cost of construction by another builder would be the general measure of damages 2.1.2 Specific Performance Specific performance is a court order which requires the defendant to perform his act which is promised in the contract. It is a remedy commonly used in the form of a judicial process or order requiring the person or the persons to whom it is directed to do a particular a ct or to refrain from doing a particular act concerning information or real property. Specific performance is usually used to complete a previously established transaction and it is also the most effective remedy in protecting the expectation interest of the innocent party in the contract. The court will practice its act according to its own judgement not to decree specific performance where damages provide an adequate remedy. If the terms of the contract are uncertain, specific performance will be refused. The court also has the discretion to refuse specific performance where the granting of specific performance would cause undue hardship to the defendant. The court of equity developed the remedy of specific performance since damages often cannot adequately compensate someone for the inability to own a specific piece of real property, land being regarded as unique. The remedy which is specific performance is often guaranteed through the remedy of a right of possession which gives t he plaintiff the right to take possession of the property in dispute. The orders of specific performance are granted when damages are not a suitable remedy. The availability of specific performance remedy will depend on whether it is appropriate in the circumstances of the case. For example, when company A wants to build another restaurant in another location has made an agreement with the franchisor but was later been told that he will not grant the franchise because the franchisor would want to build and operate the restaurant at another location. Company A could take action towards the franchisor for breach of contract. This would eventually force the franchisor to keep up with the agreement to the terms of a contract

EUROPEAN UNION LAW Coursework Example | Topics and Well Written Essays - 1250 words

EUROPEAN UNION LAW - Coursework Example If we see, there are different articles In European Law Union which states the provisions regarding the free movement of persons inside the member states. Below is the critical evaluation and advice to the plight of a polish family who moved to UK Critical Evaluation and Advise to the Family Members a) Josef’s case Jozef, you came to UK with your partner Karolina on visit and eventually planned to find a job and settle here. You demanded financial support which was not legally available to you as per UK law and also expected a fair treatment from UK as to the wage scale and employment opportunities. But the major mistake on your part is that you were not aware of the UK laws with regard to the benefits the country offers to non nationals According to European Union Treaty (2006) â€Å"The Council and the Commission shall ensure the consistency of activities undertaken on the basis of this title and the consistency of such activities with the policies of the Union and the Comm unity, and shall cooperate to that end† The thing to be noted here is that many people cross the national boundaries with less knowledge about the legal procedures of UK and end being corrupted and humiliated. Jozef , you resorted to manipulate the tax system in eagerness to make financial gains and ended up being disobedient to the legal system of the country and got imprisoned. What can be suggested here is that, while moving to a developed, wealthy and expensive nation you should have been ready to initiate hard work and thoughtfulness to follow the legal system of the country and target to achieve success in long term and not attempts short cuts and end up in trouble. Generally, the legal system of free movement of people has some reservation to the nationals as compared to the people moved from other member states.Craig & de Burca (2008,pg.743) suggests that â€Å"The meaning and the scope of the terms ‘worker’ and activity as an employed person’ shou ld be thus clarified in the light of the principles on the legal order of the community†It is important for you to know the regulation set by UK government as to the worker’s right and employment so that you do not end up in trouble due to ignorance. b)Karolina Case : Karolina you moved with Jozef to UK and planned to stay in the country with him and started looking for a job and were asked to comply with certain demands of the UK government to procure a job. You are a trained teaching professional in Poland but to attain a teaching status in UK you needed to pass the English language proficiency test. You got distressed on this demand of the government and became adamant as to not to follow the test, instead took a job of language translator. Here you are not ready to accept the reality that UK needs the proficiency in their mother tongue to qualify as the country’s teacher. This is a minimum requirement which any teacher needs to obtain to occupy a professional teaching status. You should understand that you are not in your native land but in a country where the mother tongue is English. In real sense, you have lost the opportunity to be a professional teacher just because you neglected the value of the test demanded by the country which would have helped you in building your career and life in the long run. The UK government has not created hindrance in the growth of your

Proofread Essay Example | Topics and Well Written Essays - 1000 words

Proofread - Essay Example The facility ensures that it preserves the resident’s dignity and respect. I had the privilege to collaborate with Wendy, who gave me a brief introduction of the facility and the rules and regulations that I had to abide to in the facility. During this time, Wendy who was the point of contact provided an updated plan which outlined the activities to be conducted. The first day’s activities included playing bingo, exercising, word games and cherry blossom sight seeing in Washington DC. Such activities helped with memory stimulation and social learning. My time at the facility was well spent through interaction with residents as we played varied games, and shared stories. Assessment As I entered the facility, I fell in love with the place. It was neat and well decorated, and there was a grand piano at the lobby. Some of the residents were sitting at the lobby reading newspapers and socializing together while others were still in the dinning room having breakfast. The smal l puppy started barking and jumping because it had seen a stranger. I observed that many of the residents were at risk of falling due to unsteady gait. Many of the residents used walkers or electronic wheelchairs. One of the residents approached me and asked if I needed any assistance. I kindly told him that I was a student from Stratford University and that I was there for clinical attachment, and I would like to see Wendy. The resident escorted me to Wendy without any hesitation. Wendy informed me of the various activities that will be taking place today such as word game, bingo, exercising and cherry blossom sightseeing in Washington D.C. These various activities helped the residents to socialize with the staff and other residents at the same time making them physically active. This is with the realization that cognitive activities help them stay physically and mentally strong. As for other residents, cognitive impairment and diminished mental status makes it difficult for some r esidents to enjoy the activities provided, thus, creating a distraction for other residents. The staff members were extremely pleasant and courteous to the residents, through interactions that were respectable and courteous. During the word game, I selected a couple of residents to spell certain English words. English being my second language was extremely challenging, but with their assistance the word game went on successfully. Some of the words spelt out were new to me as I had by no means used them before, but one of the residents educated me on the implication of the new terminology. At the end of the game, I thanked the residents and showed them how grateful I was to have the opportunity to interact with them. During the assessment, I noticed that most of the residents had memory loss making it difficult to perform daily activities. It was noted that the facility was well staffed to assist the residents that needed assistance with activities of daily living. Wendy informed me that some of the residents use the stairs to go up to their rooms. I found this idea unsafe for the residents since a majority of them have unsteady gait and balance making them prone to accidents and falls. Another potential problem observed was the risk of elopement since these residents were allowed to go and sit in the porch by themselves without any supervision. Strength The strength I observed in this community is that all residents