Saturday, April 27, 2019
Contractual Issues, Breach of Contract and Remedial Measures Assignment
Contractual Issues, desecrate of Contract and Remedial Measures - Assignment ExampleAs per the common law of Australia, admitual obligations are inversely agreed upon by the party or parties signed the centralize. This is considered to be the mutual consensus of one or more parties. In implied contract or quasi-contract, some of the terms are not expressed in writing. government issue the example of an electrician who visits a house for electrification work. The owner of the house is a person who agrees to pay the hire for the profits rendered by the electrician. If he/she (owner of the house) refuses to pay the reasonable fee or decided fee, it means that the landlord breached the contract or quasi-contract, thus providing an opportunity to the aggrieved person to knock at the door of a competent judicature of law for remedy or justice.Following are the important components of a contract (Heffey, et al, 2002) Party or parties should have the capacity to execute contract Con tract must be lawful Form of contract must be legal Party or parties to establish legal relationship Party or parties must have consent for the specific performance commercial contract, both the parties have to take into storey the following ingredients In commercial contract, both the parties have to take into account the following ingredients Delivery insure Price Terms of payment Mode of payment Date of payment Items to be delivered Type of service to be provided without meeting one of the above conditions, an offer of sale does not consider a validated legal offer.... Breach of contract may be actual or anticipatory in disposition (Barron, 2006). Here in our case under discussion, Georgia is responsible for not performing her duties to the entire satisfaction of her client. Her action defeats the very purpose of caring pet rabbit and tropical seek of Malcolm. Had she not provided impairment feeds to fish and rabbit the specific task assigned as per the contract would be f ulfilled in its true spirit. The negligence in performing the assigned obligations by Malcolm to Georgia attracts damages or fiscal compensation from the service provider. This indicates cause of action against Georgia since due to her action, the life of an expensive tropical fish worth thousands of dollars comes to an end although there is a clause in the agreement that Georgia should not be held accountable for death or illness of tropical fish due to specific vulnerabilities. Further, the rabbit, an award agreeable pet animal, may not lose hair due to negligible performance. In accordance with the scratch 4F entitled Reference to Purpose or Reason and section 4K relating to Loss or damage to take on injury of Competition and Consumer Act-2010, Malcolm may file damages suit against Georgia for monetary compensation for the losses occurred due to irresponsible attitude of Georgia in the competent court of law. We quote here germane(predicate) sections of Competition and Con sumer Act-2010 for ease of reference 4F References to purpose or reason (1) For the purposes of this Act according to Comlaw (2011) (a) That Provision of a contract, arrangement or understanding or of a proposed contract, arrangement or understanding, or a pledge or a proposed covenant, shall be deemed to
Subscribe to:
Post Comments (Atom)
No comments:
Post a Comment
Note: Only a member of this blog may post a comment.