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Breach of contract and remedies By: Leyman Wesley Course: English for law practice 1 Year: 2009-2010
Leyman Wesley Blog: breach of contract and remedies On www.2rp1team2.wordpress.com Button Unit 6: Leyman Wesley
Index Introduction Foresee a damage Enforce a damage Types of damages My opinion
Introduction 2 parties with the same objective 1 party can’t fulfil his obligation Breach of contract The non-breaching party will seek for a remedy
Whatcan the non-breaching party do? Foresee a damage in the contract Enforce a damage
Foresee a damage Stipulated damage Foresee in a compensation compensation in money compansation in an obligation
Enforce a damage In court, mentioned in the contract Several damages Possible that there is a rejection
Enforce a damage Which? Punitive damage/ exemplary damage Reliance damage Expectation damage/ benefit of the bargain damage Restitution damage General damage/ actual damage
Types of damages Punitive damage or exemplary damage Stipulated in law Not enough satisfaction 				      effect/ costs > damage Reliance damage Costs made by the non-breaching party In belief that the contract would be accomplished
Types of damages Expectation damages/ benefit of the bargain Position if contract had been accomplished Restitution damages Benefit breaching party to non-breaching party General damage/ actual damage Loss that is result of the breach
My opinion Foresee always a damage Prevention is better than the cure Appoint an arbitrator A faster conclusion of the case
The end When you make a contract with someone, just take care that you mention a damage.  Thank you for your attention

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Breach of Contract

  • 1. Breach of contract and remedies By: Leyman Wesley Course: English for law practice 1 Year: 2009-2010
  • 2. Leyman Wesley Blog: breach of contract and remedies On www.2rp1team2.wordpress.com Button Unit 6: Leyman Wesley
  • 3. Index Introduction Foresee a damage Enforce a damage Types of damages My opinion
  • 4. Introduction 2 parties with the same objective 1 party can’t fulfil his obligation Breach of contract The non-breaching party will seek for a remedy
  • 5. Whatcan the non-breaching party do? Foresee a damage in the contract Enforce a damage
  • 6. Foresee a damage Stipulated damage Foresee in a compensation compensation in money compansation in an obligation
  • 7. Enforce a damage In court, mentioned in the contract Several damages Possible that there is a rejection
  • 8. Enforce a damage Which? Punitive damage/ exemplary damage Reliance damage Expectation damage/ benefit of the bargain damage Restitution damage General damage/ actual damage
  • 9. Types of damages Punitive damage or exemplary damage Stipulated in law Not enough satisfaction effect/ costs > damage Reliance damage Costs made by the non-breaching party In belief that the contract would be accomplished
  • 10. Types of damages Expectation damages/ benefit of the bargain Position if contract had been accomplished Restitution damages Benefit breaching party to non-breaching party General damage/ actual damage Loss that is result of the breach
  • 11. My opinion Foresee always a damage Prevention is better than the cure Appoint an arbitrator A faster conclusion of the case
  • 12. The end When you make a contract with someone, just take care that you mention a damage. Thank you for your attention