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In this presentation, I introduce the concept of contract, elements, and types of contracts. I also introduce the concept of vitiating factors. This material will be useful for students being introduced to the law of contract. Please leave a comment
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In this presentation, I introduce the concept of contract, elements, and types of contracts. I also introduce the concept of vitiating factors. This material will be useful for students being introduced to the law of contract. Please leave a comment
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Ehsan Kabir can identify hidden matrimonial assets and the dissipation of assets with his unique style together with his vast amount of skills and knowledge acquired by dealing with freezing assets, divorce financial settlements, child law proceeding.
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Remedies A valid agreement has been made, the promisor’s duties have not been discharged; he or she has breached the contract. When one party has failed to perform, what are the rights of the parties? Or when the contract has been avoided because of incapacity or misrepresentation and the like, what are the rights of the parties after disaffirmance? These questions form the focus of this chapter. A. Theory of Contract Remedies Purpose of Remedies The fundamental purpose of remedies in noncriminal cases is not to punish the breaching party but—if possible—to put the nonbreaching party in the position he or she would have been in had there been no breach. There are two general categories of remedies—legal and equitable. In the category of legal remedies are damages. Damages are money paid by one party to another; there are several types of damages. In the category of equitable remedies are these three: specific performance, which means a person is ordered to deliver a unique thing (land or a unique personal property, such as a painting or an antique car); injunction, a judicial order directing a person to stop doing what he or she should not do (such as competing with a former employer in violation of a noncompete agreement); and restitution, which means putting the parties back into the position they were in before the contract was made. Parties Have the Power—but Not the Right—to Breach In view of the importance given to the intention of the parties in forming and interpreting contracts, it may seem surprising that the remedy for every breach is not a judicial order that the obligor carry out his or her undertakings. A damage remedy to compensate the maker for out-of-pocket loss or lost profits is sensible; a judicial decree forcing the computer manufacturer to pay for and take delivery of the boards would be wasteful. In general and if possible, the fundamental purpose of contract remedies is to put the nonbreaching party in the position it would have been in had there been no breach. B. Promisee’s Interests Protected by Contract Contract remedies serve to protect three different interests: an expectation interest, a reliance interest, and a restitution interest. A promisee will have one of these and may have two or all three. An expectation interest is the benefit for which the promisee bargained, and the remedy is to put him in a position as good as that which he would have been in had the contract been performed. A reliance interest is the loss suffered by relying on the contract and taking actions consistent with the expectation that the other party will abide by it; the remedy is reimbursement that restores the promisee to his position before the contract was made. A restitution interest is that which restores to the promisee any benefit he conferred on the promisor. C. Legal Remedies: Damages The promisee, whom we will hereafter refer to as the nonbreaching party, has the right to damages (a money award), if that is required to make h ...
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How to Get Started in Social Media for Art League City
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How to Get Started in Social Media for Art League City
Chapter 9
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CHAPTER 9 Third
Party Rights, Discharge, Breach, and Remedies
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