Breach of Contract
Order Instructions:
discuss the remedies available for a breach or non-performance of a contract. include a discussion of how damages may be limited, the difference between a deposit and a down payment, the requirement of mitigate, and the availability of specific performance and injunction.
SAMPLE ANSWER
Breach of Contract
In court with limited jurisdiction, the main form of remedy of the award of damages since specific performance and rescission are equitable remedies that are given by courts of higher jurisdiction.
The limitation is that damages cannot be recovered for losses that could have been reasonable avoided by the act of the other party or substantially ameliorated after the breach of the contract has taken place.
In addition, the award of damages can be reduced by the amount that can be reasonably avoided if the non-breaching party fails to use reasonable diligence in damage mitigation.
Other forms of remedy include cancellation, specific performance, Quantum Meruit, and restitution. According to Tepper (2011), the person who suffers the damages or the breach of contract has the legal obligation to sue the other party with the aim of minimizing the effects of such losses.
The duty to mitigate works to deny recovery of any part of the damages that could have been avoided if the other person would have acted in normal circumstances required by the law.
The availability of specific performance is government by a set of principles to avoid its arbitrary enforcement and possible abuse of human rights. In this regard, specific performance is only available if it is the appropriate approach appropriate in accordance with the nature of the facts presented in the courts.
Specific performance will not be awarded if the contract was unconscionable, the contract it too vague to be enforced, and when the specific performance is impossible (Tepper, 2011). Injunction is an equitable remedy that can be applied in breach of a contract by the courts compelling the other party to refrain or to continue with specific acts in the case.
Deposit and down payment are different in that the former is a consideration by the buyer to the seller to put the property on hold while he looks for the rest and the latter is the portion of the purchase prince that the seller pays while he seeks the financing from other sources.
Reference
Tepper, P. (2011). The Law of Contracts and the Uniform Commercial Code. Cengage Learning; 2 edition
We can write this or a similar paper for you! Simply fill the order form!
