#How to Terminate a contract# By SN panigrahi,
1. Termination By Notification,
2. Termination Due to Impossibility of Performance,
3. Termination Due to Frustration of Purpose,
4. Termination Due to Breach of Contract,
5. Termination By Convenience or Mutual Agreement,
6. Termination for Instances of Mistake, Fraud, or Misrepresentation
Contracts are a part of our everyday life, arising in collaboration, trust, promise and credit.
How are contracts formed? What makes a contract enforceable? What happens when one party breaks a promise?
Discharge of Contract "PART 1" (Chapter 12) - Business LawSandeep Sharma
PPT on "Discharge of Contract" for BBA & B.Com 1st year students, CA, CPT, CS & CMA Foundation.
Business Law PPT by Sandeep Sharma.
(Meaning with suitable example & explanation)
Specific performance of contract is subject matter of Specific relief Act 1963. These slides are summarized presentation to enable the students to understand the concept of specific relief
there are six different types of contract,they are :
1.Valid Contract
2.Voidable Contract
3.Void Contract
4.Unenforceable Contract
5.Illegal Contract
6.Contingent Contract
#How to Terminate a contract# By SN panigrahi,
1. Termination By Notification,
2. Termination Due to Impossibility of Performance,
3. Termination Due to Frustration of Purpose,
4. Termination Due to Breach of Contract,
5. Termination By Convenience or Mutual Agreement,
6. Termination for Instances of Mistake, Fraud, or Misrepresentation
Contracts are a part of our everyday life, arising in collaboration, trust, promise and credit.
How are contracts formed? What makes a contract enforceable? What happens when one party breaks a promise?
Discharge of Contract "PART 1" (Chapter 12) - Business LawSandeep Sharma
PPT on "Discharge of Contract" for BBA & B.Com 1st year students, CA, CPT, CS & CMA Foundation.
Business Law PPT by Sandeep Sharma.
(Meaning with suitable example & explanation)
Specific performance of contract is subject matter of Specific relief Act 1963. These slides are summarized presentation to enable the students to understand the concept of specific relief
there are six different types of contract,they are :
1.Valid Contract
2.Voidable Contract
3.Void Contract
4.Unenforceable Contract
5.Illegal Contract
6.Contingent Contract
Check out these study notes which I found online and which I think will be very useful to you. I have made hard copies which I will give to you at the next lecture.
RemediesA valid agreement has been made, the promisor’s duties h.docxsodhi3
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 ...
PRC Contract Law Principles and Risk Management in Contract DraftingRHKLegal
An overview of contract drafting techniques with regard to the PRC Contract Law principles and recent Supreme Court Directions. An analysis of limitation of liability and liquidated damages clauses in the China market context.
11262014 The Legal Environment of Business, Ch. 6 - Learning.docxhyacinthshackley2629
11/26/2014 The Legal Environment of Business, Ch. 6 - Learning Activity - Week3 - LAW/421 - eCampus
https://newclassroom3.phoenix.edu/Classroom/ToolContainer.jsp?context=co&contextId=OSIRIS:44425562&activityId=96f01290-3b42-490d-be28-e6f95540138d… 1/24
Overview and Formation of Contracts
Learning Outcomes Checklist
After studying this chapter, students who have mastered the material will be able to:
Distinguish between contracts based on categories and apply the correct source of law to specific contracts.
Explain the concept of mutual assent by defining the legal requirement of agreement.
Identify and explain the other requirements for the formation of a valid contract.
List the events that terminate the power of acceptance and distinguish between termination through action of the parties versus
operation of law.
Apply the mailbox rule to resolve a question of when acceptance is effective.
Articulate the legal requirement of consideration and identify which contracts do not require consideration.
Give examples of circumstances where the legal requirements of capacity or legality are at issue.
Explain the concept of enforceability and geniune assent.
Categorize what contracts must be in writing to be enforceable and explain the minimum required terms that satisfy the law.
The law of contracts is one of the most common and important areas of the law that business owners and managers deal with on a dayto
day basis. Everyone working in a business environment will, in one form or another, deal with contracts throughout their career.
Employment contracts, leases, and agreements of sale for assets or land or merchandise are just a few examples of contracts commonly
used in business transactions. The simple act of purchasing office supplies from a local merchant is a form of agreement governed by
contract law.
Formation and legal enforcement of agreements have been recognized since ancient times. As early as 1780 BC, contracts were being
enforced by the Babylonians by virtue of the authority of the Code of Hammurabi. During much of the rule of the Roman Empire, the
Justinian Code included the rule pacta sunt servanda (agreements shall be kept). Many legal scholars, notably Dean Roscoe Pound, have
written extensively on the importance of society recognizing legally enforceable promises and providing remedies for those who suffered
losses. Consider the consequences of failing to provide for legal enforceability of a promise and its impact on the very fabric of civilized
societies.
Since business owners and managers are often involved in daytoday oversight of various agreements and transactions, understanding
contract law reduces risk by limiting liability through the recognition of potential legal issues, crafting an appropriate response, and
implementing a system to ensure compliance. Contract law is also essential to structuring business transactions in strategic ways to
achieve business objectives without excessive risk.
In this.
How to Make a Field invisible in Odoo 17Celine George
It is possible to hide or invisible some fields in odoo. Commonly using “invisible” attribute in the field definition to invisible the fields. This slide will show how to make a field invisible in odoo 17.
The Roman Empire A Historical Colossus.pdfkaushalkr1407
The Roman Empire, a vast and enduring power, stands as one of history's most remarkable civilizations, leaving an indelible imprint on the world. It emerged from the Roman Republic, transitioning into an imperial powerhouse under the leadership of Augustus Caesar in 27 BCE. This transformation marked the beginning of an era defined by unprecedented territorial expansion, architectural marvels, and profound cultural influence.
The empire's roots lie in the city of Rome, founded, according to legend, by Romulus in 753 BCE. Over centuries, Rome evolved from a small settlement to a formidable republic, characterized by a complex political system with elected officials and checks on power. However, internal strife, class conflicts, and military ambitions paved the way for the end of the Republic. Julius Caesar’s dictatorship and subsequent assassination in 44 BCE created a power vacuum, leading to a civil war. Octavian, later Augustus, emerged victorious, heralding the Roman Empire’s birth.
Under Augustus, the empire experienced the Pax Romana, a 200-year period of relative peace and stability. Augustus reformed the military, established efficient administrative systems, and initiated grand construction projects. The empire's borders expanded, encompassing territories from Britain to Egypt and from Spain to the Euphrates. Roman legions, renowned for their discipline and engineering prowess, secured and maintained these vast territories, building roads, fortifications, and cities that facilitated control and integration.
The Roman Empire’s society was hierarchical, with a rigid class system. At the top were the patricians, wealthy elites who held significant political power. Below them were the plebeians, free citizens with limited political influence, and the vast numbers of slaves who formed the backbone of the economy. The family unit was central, governed by the paterfamilias, the male head who held absolute authority.
Culturally, the Romans were eclectic, absorbing and adapting elements from the civilizations they encountered, particularly the Greeks. Roman art, literature, and philosophy reflected this synthesis, creating a rich cultural tapestry. Latin, the Roman language, became the lingua franca of the Western world, influencing numerous modern languages.
Roman architecture and engineering achievements were monumental. They perfected the arch, vault, and dome, constructing enduring structures like the Colosseum, Pantheon, and aqueducts. These engineering marvels not only showcased Roman ingenuity but also served practical purposes, from public entertainment to water supply.
Students, digital devices and success - Andreas Schleicher - 27 May 2024..pptxEduSkills OECD
Andreas Schleicher presents at the OECD webinar ‘Digital devices in schools: detrimental distraction or secret to success?’ on 27 May 2024. The presentation was based on findings from PISA 2022 results and the webinar helped launch the PISA in Focus ‘Managing screen time: How to protect and equip students against distraction’ https://www.oecd-ilibrary.org/education/managing-screen-time_7c225af4-en and the OECD Education Policy Perspective ‘Students, digital devices and success’ can be found here - https://oe.cd/il/5yV
2024.06.01 Introducing a competency framework for languag learning materials ...Sandy Millin
http://sandymillin.wordpress.com/iateflwebinar2024
Published classroom materials form the basis of syllabuses, drive teacher professional development, and have a potentially huge influence on learners, teachers and education systems. All teachers also create their own materials, whether a few sentences on a blackboard, a highly-structured fully-realised online course, or anything in between. Despite this, the knowledge and skills needed to create effective language learning materials are rarely part of teacher training, and are mostly learnt by trial and error.
Knowledge and skills frameworks, generally called competency frameworks, for ELT teachers, trainers and managers have existed for a few years now. However, until I created one for my MA dissertation, there wasn’t one drawing together what we need to know and do to be able to effectively produce language learning materials.
This webinar will introduce you to my framework, highlighting the key competencies I identified from my research. It will also show how anybody involved in language teaching (any language, not just English!), teacher training, managing schools or developing language learning materials can benefit from using the framework.
Synthetic Fiber Construction in lab .pptxPavel ( NSTU)
Synthetic fiber production is a fascinating and complex field that blends chemistry, engineering, and environmental science. By understanding these aspects, students can gain a comprehensive view of synthetic fiber production, its impact on society and the environment, and the potential for future innovations. Synthetic fibers play a crucial role in modern society, impacting various aspects of daily life, industry, and the environment. ynthetic fibers are integral to modern life, offering a range of benefits from cost-effectiveness and versatility to innovative applications and performance characteristics. While they pose environmental challenges, ongoing research and development aim to create more sustainable and eco-friendly alternatives. Understanding the importance of synthetic fibers helps in appreciating their role in the economy, industry, and daily life, while also emphasizing the need for sustainable practices and innovation.
Model Attribute Check Company Auto PropertyCeline George
In Odoo, the multi-company feature allows you to manage multiple companies within a single Odoo database instance. Each company can have its own configurations while still sharing common resources such as products, customers, and suppliers.
Operation “Blue Star” is the only event in the history of Independent India where the state went into war with its own people. Even after about 40 years it is not clear if it was culmination of states anger over people of the region, a political game of power or start of dictatorial chapter in the democratic setup.
The people of Punjab felt alienated from main stream due to denial of their just demands during a long democratic struggle since independence. As it happen all over the word, it led to militant struggle with great loss of lives of military, police and civilian personnel. Killing of Indira Gandhi and massacre of innocent Sikhs in Delhi and other India cities was also associated with this movement.
Welcome to TechSoup New Member Orientation and Q&A (May 2024).pdfTechSoup
In this webinar you will learn how your organization can access TechSoup's wide variety of product discount and donation programs. From hardware to software, we'll give you a tour of the tools available to help your nonprofit with productivity, collaboration, financial management, donor tracking, security, and more.
The Indian economy is classified into different sectors to simplify the analysis and understanding of economic activities. For Class 10, it's essential to grasp the sectors of the Indian economy, understand their characteristics, and recognize their importance. This guide will provide detailed notes on the Sectors of the Indian Economy Class 10, using specific long-tail keywords to enhance comprehension.
For more information, visit-www.vavaclasses.com
How to Split Bills in the Odoo 17 POS ModuleCeline George
Bills have a main role in point of sale procedure. It will help to track sales, handling payments and giving receipts to customers. Bill splitting also has an important role in POS. For example, If some friends come together for dinner and if they want to divide the bill then it is possible by POS bill splitting. This slide will show how to split bills in odoo 17 POS.
The Art Pastor's Guide to Sabbath | Steve ThomasonSteve Thomason
What is the purpose of the Sabbath Law in the Torah. It is interesting to compare how the context of the law shifts from Exodus to Deuteronomy. Who gets to rest, and why?
Chapter 3 - Islamic Banking Products and Services.pptx
Contracts: characteristics and exercises
1. INGLÉS JURÍDICO
III. MAIN TYPES OF LEGAL TEXTS: STRUCTURE AND
VOCABULARY
3.1. Contracts
Under the common law, a promise becomes an enforceable contract
(contrato en firme) when there is an offer by one party, normally called an
offeror that is accepted by the other party (offeree) with the exchange of
legally sufficient consideration (prestación).
For a promise to become an enforceable contract, the parties must also agree
on the essential terms of the contract such as price and subject matter.
Nevertheless, courts will enforce (dar validez) an indefinite contract under
certain circumstances such as when the conduct of the parties, as opposed to
the written instrument (escritura), manifests enough certainty as to the terms
of the agreement.
An enforceable agreement may be manifested in either written or oral words
(an express contract) or by conduct and words (an implied contract). In a
contractual dispute, certain defences (eximentes) to the formation of the
contract may allow a party to escape his / her obligations under the contract.
For example; illegality of the subject matter which can be defined as follows:
when either subject matter or the consideration of a contract is illegal. You can
also allege fraud in the inducement, that is to say, when one party is
intentionally misled (engañada) about the terms of a contract. Duress
(coacción) is another defence you can use to discharge the specific
performance of a contract. The last defence to be applied is the lack of legal
capacity, meaning that you don’t have the ability to enter into a legal contract
because you are not of legal age or you are insane.
Master “Práctica Legal y Empresas” UCLM 2008 26
2. INGLÉS JURÍDICO
The common clause types which appear in no matter what kind of contract are
the following:
a) Acceleration (adelanto) requires the offeree to pay all or part of a
payable amount sooner than as agreed upon the occurrence of some
event
b) Assignment (cesión): prohibits or permits assignment under certain
conditions
c) Confidentiality (cláusula de confidencialidad): implies treating the
information as private
d) Force majeure (fuerza mayor): tries to protect against failures to
perform contractual obligations caused by unavoidable events beyond
party’s control
e) Consideration (prestación): expresses the cause, motive, price which
induces one party to enter into an agreement
f) Liquidated damages (indeminización por daños y perjuicios
exigible): refers to an amount previously established by the parties as
the total amount of compensation if there is a breach of contract
g) Entire agreement (cláusula de mutuo acuerdo): says that the written
terms of an agreement can’t be varied by prior or oral agreements
h) Severability (cláusula de divisibilidad): provides that in the event that
one or more provisions of the agreement are declared unenforceable,
the balance of the agreement remains in force
i) Termination (cláusula de rescission): establishes when and under
which circumstances the contract may be terminated
j) Payment of costs (pago de las costas): sets out which party is
responsible for payment of costs related to the preparation of the
agreement and ancillary documents (documentos secundarios)
When there has been a breach of contract, the non-breaching party will
often seek remedies available by law. Most remedies involve money
damages. In some cases, a party will be able to obtain punitive or
exemplary damages through the court which are designed to punish the
Master “Práctica Legal y Empresas” UCLM 2008 27
3. INGLÉS JURÍDICO
breaching party for a conduct which is judged to be particularly
reprehensible such as fraud. This type of damages is normally only awarded
where specifically provided by statute and where a tort in some way
accompanies the breach of contract. Where monetary damages wouldn’t be
an adequate remedy, the court may order specific performance
(cumplimiento del contrato) which involves an order by the court
compelling the breaching party to perform the contract. Finally, there are
other remedies available: for example, if there has been a default
(incumplimiento) by one party, the other party may rescind or cancel the
contract
Main types of contract
Most of the civil cases are probably related to torts, among them we can
include nuisance (molestias) and trespass (intromission o violación de
la propiedad) and breach of contract (incumplimiento de contrato).
Nowadays most of the economic relationships among parties are secured by
contracts. Among the most important types of contract, we can find:
a) Purchase sale contract (contrato de compra-venta): This contract
can be oral or written but some of them such as the purchase-sale of
real property (compraventa de bienes immuebles) must be legalised
by a deed (escritura pública). These contracts are terminated, among
other reasons, by the following:
- the contract has been performed
- by agreement of the parties
- by novation (novación): one of the parties can ask for the contract to
be modified in order for the dispute to be settled. The affecting party
accepts to release the another party from his contractual obligations
signing another contract with a new consideration called satisfaction
(satisfacción), settlement (liquidación) or discharge (finiquito)
- by breach of contract
b) Lease or leasehold (contrato de arrendamiento): the owner of a real
property, called the lessor or landlord, grants the possession and
exclusive use of this real property to a lessee or tenant for a fixed
Master “Práctica Legal y Empresas” UCLM 2008 28
4. INGLÉS JURÍDICO
period of time. This type of contract should also be legalised by a deed,
in which covenants (estipulaciones o pactos) are included. Among the
most important covenants included in this kind of contract, we can find
the following: the parties to the contract, the term or length, the
description of real state, rent (renta), insurance (seguros) and repairs
/ maintenance (reparación y mantenimiento). The tenancy can be
for a fixed term or periodic. When the tenancy is for a fixed period of
time, the lessee can assign to another person his contract for the
remaining period of time whenever there is no covenant against it. The
periodic tenancy usually lasts until the lessor or tenant gives notice
(denunciar). When it’s the landlord who gives notice, it’s called eviction
notice (notificación de desahucio). When there is no fixed period of
time for the tenancy, it can be said that there is tenancy at will
(inquilinato sin plazo fijo). In this tenancy, the terms of the contract
are brought to an end when one of the parties thus determines.
c) Contract of employment: the employees have right to health and safety
at work, to paid holidays, to statutory sick pay (baja laboral por
enfermedad) and to statutory maternity pay. When industrial disputes
arise, they can be heard in Industrial tribunals (Magistratura de
Trabajo). Most of these disputes are related to the termination
(extinction) of contracts of employment. Among the reasons of
termination, we can find the following: unfair dismissal (despido
improcedente) or redundancy (expediente de regulación de
empleo). Among the remedies applied by Industrial Tribunals when
somebody is unfairly dismissed are the following: reinstatement
(readmisión), reengagement (recolocación) and compensation
(indeminización). The employer can also make breach of contract
when an employee is demoted (rebajado en su categoría
professional), cut in his wages (se reduce su salario) or he / she is
sexually harassed (acosado sexualmente)
Master “Práctica Legal y Empresas” UCLM 2008 29
5. INGLÉS JURÍDICO
EXERCISES
1- Match these defences (1-4) with their definitions (a-d):
1. illegality of the subject matter
2. fraud in the inducement
3. duress
4. lack of legal capacity
a. when one party doesn’t have the ability to enter into a legal
contract, i.e. is not of legal age, is insane or is a convict or enemy
alien
b. when one party induces another not entering into a contract by
use or threat of force, violence, economic pressure or other
similar means
c. when either the subject matter or the consideration of a contract
is illegal
d. when one party is intentionally misled about the terms, quality or
other aspects of the contractual relationship that leads the party
to enter into the transaction
2- Identify the type of clause exemplified by each of these
clauses:
1. The seller’s liability for damages shall in no case exceed the
purchase price of the particular quantity delivered with respect of
which damages are claimed
2. Whenever, within the sole judgment of Seller, the credit standing
of Buyer shall become impaired. Seller shall have the right to
demand that the remaining portion of the contract be fully
performed within 10 days
3. Neither party shall be liable in damages or have the right to
terminate this Agreement for any delay or default in performing
hereunder if such delay or default is caused by conditions beyond
its control
Master “Práctica Legal y Empresas” UCLM 2008 30
6. INGLÉS JURÍDICO
4. This Agreement may not be assigned without the prior written
consent of the other party, except that the Buyer may assign the
Agreement to a subsidiary or related corporation
5. In the event Operator defaults in the performance of any
covenant or agreement made hereunder, as to payments of
amounts due hereunder or otherwise, and such defaults are nor
remedied to the Supplier’s satisfaction within 10 days after notice
of such defaults, the Supplier may thereupon terminate this
agreement
6. This Agreement, including the Schedules and Exhibits attached
hereto, constitutes and contains the entire agreement of the
parties with respect of the subject matter hereof and collectively
supersedes any and all prior negotiations, correspondence,
understandings and agreements between the parties respecting
the subject matter hereof. No party is relying on or shall be
deemed to have made any representations or promises not
expressly set forth or referred to in this Agreement
3- In your own words, explain the following words and
expressions in italics from the clauses in exercise 2
a) liability for damages (clause 1)
b) within the sole judgment of Seller (clause 2)
c) delay or default (clause 3)
d) prior written consent (clause 4)
e) In the event Operator defaults in the performance ….. (clause 5)
f) Schedules and Exhibits (clause 6)
g) Deemed (clause 6)
Master “Práctica Legal y Empresas” UCLM 2008 31
7. INGLÉS JURÍDICO
4- Read the following clause and for each of these words,
find the word or expression in the clause that most closely
matches the meaning
1. in the form of
2. specified in writing
3. more than
4. jointly
5. is owed to
6. including
7. as stated above
8. subtracted form
FAILURE TO FINISH THE WORK ON TIME
It is mutually agreed by and between the parties hereto that time is of the
essence and that in the event of the Contractor’s failure to complete the
contract within the time stipulated and agreed upon, the Owner will be
damaged thereby; and because it is difficult to definitely ascertain and prove
the amount of such damages, inclusive of expenses for inspection, necessary
travelling expenses and other similar expenses, it is hereby agreed that the
amount of such damages shall be the liquidated sum of Two thousand
Dollars per calendar day for each day of delay in finishing the Work in excess
of the number of working days prescribed; and the Contractor hereby agrees
that such sum shall be deducted from amounts due to the contractor under the
contract or, if no amount is due the Contractor, the Contractor hereby agrees to
pay to the Owner as liquidated damages, and not by way of penalty, such total
sum as shall be due for such delay, calculated as aforesaid.
Master “Práctica Legal y Empresas” UCLM 2008 32
8. INGLÉS JURÍDICO
LISTENING ACTIVITIES:
5- You will hear Arthur Johansson, a junior lawyer who
attended the in-company seminar on negotiating
techniques, negotiating the terms of an agreement for a
client with the other party’s lawyer, Ms. Orwatz.
a) What kind of agreement are they talking about? Which clauses do they
mention?
b) Decide whether these statements are true or false:
1. the clause they are discussing wouldn’t allow the franchises to operate
any kind of restaurant within the prescribed area for a stipulated period
of time
2. the lawyer representing the franchisor argues that the purpose of the
clause is to guard her client’s legitimate business interests
3. the franchisee’s lawyer believes that his client is in a strong position in
the negotiation
4. the franchisee’s lawyer offers to strike the arbitration clause in exchange
for a reduction in the number of years set forth in the non-competition
clause
6- Listen to an attorney informing a client about the various
remedies available to him
1. What was wrong with the software program delivered to the client?
a) it was completed too late to meet the deadline
b) it didn’t work on all the ferry company’s PC’s
c) it wasn’t designed in accordance with the specifications of the clients
2. According to the lawyer, what should her client have done to mitigate his
damages?
a) he should have offered his customer less than a 10% discount
b) he should have looked for a cheaper local programmer
Master “Práctica Legal y Empresas” UCLM 2008 33
9. INGLÉS JURÍDICO
c) he should have had an attorney draw up the contract
3. Provided the contract doesn’t waive the right to consequential damages,
under which circumstances might the client be entitled to receive such
damages?
a) if the reputation of the client in his town suffers
b) if the quality of the software turns out to be unsuitable for the purposes
of the customer
c) if the loss of the customer and the necessity to grant a discount could
have been foreseen
4. Why can’t the client expect to be awarded punitive damages?
a) weight gain doesn’t qualify as emotional injury
b) punitive damages aren’t awarded in a breach of contract case of this
type
c) the possibility of personal injury was not foreseen in the contract
7- You will hear Ron, the lawyer preparing the case, talking
with Sam, a senior partner, about the facts of the case.
Tick the facts of the case Ron mentions
1. The Jones corporation (the lessor) wanted to sell a restaurant to Keats
(the lessee)
2. Keats requires consent from the Jones Corporation to assign the lease to
a third party
3. Prior written consent to assignment is not necessary
4. The Jones Corporation is not permitted to withhold consent unreasonably
5. Keats couldn’t provide the information about the buyer that Jones
requested
6. the prospective buyer withdrew his offer for the restaurant
7. the buyer is suing Keats for breach of contract
Master “Práctica Legal y Empresas” UCLM 2008 34