...Remedies: Breach of Contract Introduction There are various remedies available to an innocent party where there has been a breach of contract. The main remedy is damages, but in certain situations, equitable remedies are available. 1. Unliquidated Damages Unliquidated damages are assessed by the court and are designed to compensate the innocent party for any losses incurred as a result of a breach of contract. However, where loss can not be proved, the innocent party will only be entitled to claim nominal damages. In the case of Surrey CC v Bredero Homes (1993), damages were not awarded defendant who had failed to comply with planning permission because the council had not suffered any loss. This can be contrasted with the case of Chaplin v Hicks (1911) where the court awarded damages to the claimant for the loss of a chance to win a competition. Unliquidated damages are not a means by which to punish the defendant and punitive damages will not be awarded for a breach of contract. They are also not a way to recover any gain made by the defendant as a result of a breach. Loss includes any harm or damage to the claimant themselves or any of their property, including any reduction of value of such property caused by the breach of contract. However, in calculating the loss and awarding damages, if the claimant has obtained any benefit from the breach the court will not usually allow the claimant to be put in a better position than they would have been had the breach not occurred...
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...o HOW TO AVOID PIMPLES THROUGH HOME REMEDIES A Pimple or spot is a kind of acne, and one of many results of excess oil getting trapped in the pores. Some of the varieties are pustules or papules. Pimples can be treated by various medications and with home remedies. As home remedies are available at home and are less expensive, rarely cause any side effect. NATURAL HOME REMEDIES FOR PIMPLES: LEMON: Add lemon juice and rose water in equal quantities and apply this mixture in affected area for about half an hour. Regularly following this remedy for about three or four weeks is one of the most popular natural home remedy. Lemon juice can also be applied in combination with an equal amount of groundnut oil to prevent as well as to cure. Lemon juice can also be added to sandalwood powder can reduce pimples to great extent. A combination of cinnamon powder and lemon juice is also beneficial in pimple treatment. HONEY: Honey is also considered good for skin. Applying a mixture prepared from three tablespoon of honey and one teaspoon of cinnamon powder over night and use regular for two weeks give effective results. Mixture of grated apple and honey results effectively in reduction of pimples. ➢ Rubbing garlic on affected areas several times in a day is also beneficial in pimple treatment. ➢ Applying Pulp of ripe tomatoes on the face. ➢ Cucumber pulp can also be used. ➢ Raw papaya juice can also be applied on pimple for reduction. ➢ Add two...
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...What does the creation of this picture tell me about the society that produced it? Well. ‘Going to the Match’ – LS Lowry The creation of this picture illustrates a society of partisan football enthusiasts who have all gathered together to share the buzz of excitement they can’t contain. Around them wonder a minority of passers-by dog-tired from a day’s hard work and noticing the atmosphere they don’t mind being in, but still going about their routine lives and missing out on such a joyous occasion. Many surrounding the stadium are equidistantly positioned to convey their mutual intention of attending the match and eventually forming a crowd of supporters as a whole. The picture signifies the essence of football in the particular society and how it contributes to their social spirit. Despite the overcast evening, the fanatics are in oblivion, not paying any attention to potential rainfall or its frost, but seeking solace in what the match promises. An evening of sheer exuberance, unity and heartfelt emotion. The neighbouring factory looks to blow out in frustration on behalf of the entrapped workers aching to get out and in the vibe of the ongoing match that’s within an agonisingly close range. So close, yet so far. The stadium has long been infested with swarms of aficionados, and still plenty hastily battling for an initial spot in the plethora of queues unconsciously formed on the way inside. The sense of urgency holds the significance of conveying the cornerstone...
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...Phil deliver the Macworld keynote set off another flurry of rumors about my health, with some even publishing stories of me on my deathbed. I've decided to share something very personal with the Apple community so that we can all relax and enjoy the show tomorrow. As many of you know, I have been losing weight throughout 2008. The reason has been a mystery to me and my doctors. A few weeks ago, I decided that getting to the root cause of this and reversing it needed to become my #1 priority. Fortunately, after further testing, my doctors think they have found the cause -- a hormone imbalance that has been "robbing" me of the proteins my body needs to be healthy. Sophisticated blood tests have confirmed this diagnosis. The remedy for this nutritional problem is relatively simple and straightforward, and I've already begun treatment. But, just like I didn't lose this much weight and body mass in a week or a month, my doctors expect it will take me until late this Spring to regain it. I will continue as Apple's CEO during my recovery. I have given more than my all to Apple for the past 11 years now. I will be the first one to step up and tell our Board of Directors if I can no longer continue to fulfill my duties as Apple's CEO. I hope the Apple community will support me in my recovery and know that I will always put what is best for Apple first. So now I've said more than I wanted to say, and all that I am going to say, about this....
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...Contractual Remedies Brandi Brothers Grantham University Abstract When one breaches a contract, the non-breaching party may be entitled to compensations because of legal rights detailed in that contract. In this paper I will discuss an agreement between two parties that resulted in a breach of contract. I will also discuss the consequential, incidental and compensatory damages that one company is liable for in this case. Haply Inc. goes under contract with Barksdale LLC to get an engine fixed. During that time both companies came to a settlement that the engine would be fixed and reinstalled at the Haply’s facilities but in five days’ time and no more. Barksdale was also briefed by Haply and made them aware that if the engine wasn’t repaired on time that bad press would cause them to lose a client which Haply would have to come out of pocket $40,000 per day for a replacement if the engine wasn’t delivered after the five-day window. Barksdale did not complete the contract until the 7th day. Because Barksdale did not honor their contract, Haply had to come out of pocket $40,000 per day for those extra days and another $500 to secure the delivery of the replacement engine. Barksdale didn’t fulfill their end of the bargain resulting in Haply losing a client’s business totaling $3,000,000. Because this was such a big lost for Haply they decide to sue Barksdale for incidental, consequential and compensatory damages. Incidental damages are defines...
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...Acne and Its Remedies by Hanna Rejas This is an article about acne. I am writing about this because most people, especially teenagers have this skin problem. For almost 8 years, I suffered this skin problem. It started when I was a junior in high school and it lasted until I graduated from the university. I know a lot of people who have acne. My younger siblings even complain about this. I know how it feels. I am sharing this so that other people may benefit from my experience and how I dealt with it. Acne vulgaris or simply acne is a common human skin disease, characterized by areas of skin with seborrhea (scaly red skin), comedones (blackheads and whiteheads), papules (pinheads), nodules (large papules), pimples, and possibly scarring. Acne affects mostly skin with the densest population of sebaceous follicles; these areas include the face, the upper part of the chest, and the back. In my case, during the worst part of it, I have acne all over my face, neck and back. The worst part is my face, it looks red and it has lots of scars and it made me feel bad about myself. Aside from scarring, its main effects are psychological, such as reduced self-esteem and in very extreme cases, depression or suicide. Acne usually appears during adolescence, when people already tend to be most socially insecure. Early and aggressive treatment is therefore advocated by some to lessen the overall long-term impact to individuals. As we all know, acne occurs most commonly during adolescence...
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...A Little Bit of Laches Goes a Long Way: Notes on Petrella v. Metro,Goldwyn,Mayer, Inc. Samuel L. Bray* I. II. III. VI. V. INTRODUCTION ...................................................................... 1! LACHES IS AND SHOULD BE AN EQUITABLE DEFENSE ............ 2! LACHES IN AN AGE OF STATUTES OF LIMITATION ................... 8! A MIDDLE COURSE IN PETRELLA ......................................... 17! CONCLUSION ....................................................................... 18! I. INTRODUCTION The famous Martin Scorsese movie Raging Bull and an ancient doctrine of equity will make a joint appearance later this month at the U.S. Supreme Court. On January 21, 2014, the Court will hear arguments in Petrella v. Metro:Goldwyn:Mayer, Inc.1 The case involves copyright infringement claims about the movie, and about the extent to which those claims are barred by the doctrine of laches. Laches is a defense that was developed by courts of equity, and it is typically raised in cases where a plaintiff has delayed her suit without good reason. Petrella raises two big questions about how laches fits into contemporary American law. One is whether it applies to all claims or only to equitable ones.2 The other is how it is affected by a federal statute of limitations. Is laches displaced, on the theory that Congress has spoken by enacting the statute of limitations, so that it would violate the separation of powers for a court to substitute its own equitable doctrines? Or does laches...
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...such as the Indian, Japanese, Mexican, African and many others, were deeply rooted in folk medicines, folklore, voodoo,or old folktales. They didn't know anything about test tubes or pills, but there was the boiling of the roots and leaves;some were even smoked. This form of healing has laid the foundation for what is, and what will be,in the medical Future.My study of Old medical documents;one being an old home medical book dated 1926 by William Evans M D.,shows a close relationship between traditional healing and folk healing. This old book is truly an antique and covers a wide range of old cures like: home remedy for ringworm, pink eye, sore throat, tooth ache, how to get rid of pimples, hives, the history of small pox, scarlet fever, scurvy,malaria symptom, rickets disease,eczema and many other interesting subjects.Many ingredients that were contained in old home remedies are used in todays prescription Drugs. Though these ingredients may be listed under some fancy scientific name, the end result is the same. The Old folk,as they were sometimes called! Would probably change some of these names to something simple like vinegar, corn meal, pine tar, onions, baking soda, salt, peppers, tree bark, roots, corn silk, sassafras,dew berry roof, aspirin; Why aspirin? Because it has been long used as a pain killer,and though mostly...
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...not perform at all according to the terms of the agreement. Breach of contract is categorized as material or immaterial to determine the appropriate legal solution or remedy for the breach (Retures 2012). Compensatory damages put the non-breaching party in the position that they had been if the breach had not happened. Punitive damages are payments that the breaching parties have to pay. Above and beyond the point that would fully compensate the non –breaching party. Punitive damages are meant to punish a wrongful party for a wrongful act and is rarely is used for business contract settling. Specific performance is used when damages are inadequate as a legal remedy. The non – breaching party may seek an alternative remedy which is specific performance. Specific performance is known for describing as the breaching party court ordered performance of duty under the contract. Specific performance might be used as a remedy for breach of contract if the matter is rare or unique. Damages would not suffice to place the non-breaching party in as good a position as they would have been if the breach had not happened. Cancellation and Restitution the non-breaching party can cancel the contract and sue for restitution. If the non-breaching party have given a benefit to the breaching party restitution as a contract remedy means the non-breaching party is put back in the position it was before the breach. While cancellation...
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... * Rheumatoid arthritis * Hormonal troubles * Improper diet * Surgery * Injury or accident Most common symptom of anemia is weakness and fatigue. Person who is anemic can find it hard to do some activities that need physical strength ,and even into normal chores. The other symptoms and signs which can help in recognizing anemia are: * Palpitations * Cold hands and feet * Memory loss * Altered taste * Depression * Low blood pressure * Shortness of breath * Pale and dull skin * Sore gums and throat The main aim in treating anemia is rebuilding the supply of red blood cells in the body. To achieve this level we can incorporate different diet supplements and natural remedies into our everyday routine. The most effective natural treatment option are in Blackstrap molasses, chlorophyll, and beetroot . 1.Blackstrap Molasses Blackstrap molasses is the sweet leftovers of forming refined sugar. As such, it is full of important nutrients including iron, manganese, and others. These nutrients help restore the natural nutrient composition in the...
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...MANDATES Piec vs. Caisse d’economie polonaise (p. 59) 01-Jul-92 Date of Bad Boy’s forged mandate 15-May-92 Bad Boy gets mandate from Grandma 03-Jul-92 Grandma dies 11-Aug-92 Bad Boy gives forged mandate to bank Bad Boy comes to Canada 18-Aug-92 Bad Boy withdraws $26k payable too cash Grandma = Stephania Wojcicka Bad Boy = nephew Tadeusz Wojcicki Niece (Margaret Wojcicka) is executor of will Facts | * Three mandates: 1. Gma goes on extended trip, gives power of attorney for banking matters to Bad Boy 2. Niece has mandate as executor of the will (mandate only kicks in when Gma dies) 3. Bank has mandate for Gma’s finances * Grandma’s bank account summary: $5 membership, $1k term deposit, $26k term deposit (can’t take out until 26-Oct-92 or wil receive no interest) * Bank didn’t k6now Gma was dead when Bad Boy removed funds | Question | 1. Was bank guilty of not [2138] exercising prudence and diligence for its [2130] mandate? 2. Does the valid mandate authorize the bank to give the term deposits (no) 3. What effect should be given to the letter of july 1st (none) 4. Did the bank owe obligation to grandma, and not rely on the letter (yes, 2138) | Ratio | 1. Argument: Bank is a special type of agent, v. strong fiduciary duties; if they’ve been defrauded they are 100% liable. Answer: Bank should have been more [2138] prudent and diligent; it wasn’t prudent cash out the account, and the bank wasn’t diligent in its duty...
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...http://ogekazacharia.blogspot.co.uk/2015/01/notes-on-delay-defeats-equity-equity.html Limitations Act Delay defeats equity: Laches is an unreasonable delay in enforcing a right. If there is an unreasonable delay in bringing proceedings the case may be disallowed in equity. Acquiescence is where one party breaches another's rights and that party doesn't take an action against them they may not be allowed to pursue this claim at a later stage. These may be used as defences in relation to equity cases. For a defence of laches courts must decide whether the plaintiff has delayed unreasonably in bringing forth their claim and the defence of acquiescence can be used if the actions of the defendant suggest that they are not going ahead with the claim so it is reasonable for the other party to assume that there is no claim. (Nelson v Rye 1996) http://www.lawteacher.net/free-law-essays/property-trusts/the-law-of-equity.php 1= MEANING : If one sleeps upon his rights, his rights will slip away from him and therefore, the maxim has been expressed in a rather different form, shouting to the passive, otiose and slothful that : ” equity aids the vigilant and not the indolent. ” Smith vs Clay (1767) ” a court of equity has always refused its aid to stale demands, where a party has slept upon his right and acquiesced for a great length of time. ” 2= Proviso : This maxim applies only when a claim is made to equitable relief. ( Clark and chapman vs hart 1858) ...
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...reasonable estimate of the value of the promised performance. Penalties: By contrast, a penalty provision specifies a sum certain of money, bearing no reasonable relationship to the value of performance, to be paid by the breaching party in the event of default or breach. Penalty provisions are rarely enforceable. EQUITABLE REMEDIES In addition to the various types of money damages, there are several equitable (i.e., non-damage) remedies available. Rescission: Canceling a contract and returning the parties to their pre-contract position. Restitution: Returning goods, property, or money previously transferred in order to restore the non-breaching party to his pre-contract position. Specific Performance: Requiring the breaching party to perform exactly as called for in the contract. This remedy is usually granted only when money damages would be an inadequate remedy and the subject matter of the contract is unique (e.g., contract to purchase an original Picasso or a particular tract of land). Reformation: A remedy allowing the contract to be re-written to reflect the true intent of the parties. This remedy is typically limited to cases of fraud or mutual...
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...believed that this e-mail was meant to replace the earlier notion that he should draft a contract, and one month passed. BTT then sent Chou a fax requesting that he send a draft for a distribution agreement contract. Despite the fact that Chou did so immediately after receiving the BTT fax, several more months passed without response from BTT. BTT had a change in management and informed Chou they were not interested in distributing Strat. READ ENTIRE DOCUMENT BELOW (2.1) FOR SUPPORTING EVIDENCE: 2.1 The law provides certain relief for aggrieved parties that suffer losses as a result of another party’s breach of contract. These relief mechanisms are collectively referred to as remedies. Recall the distinction discussed in Chapter 1 between remedies at law and remedies in equity. For many contracts, the remedy at law...
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...Judgement: The answering of above questions will get us the answer for the suit. 1. Section 16(c) of the Contract Act provides answer t this problem. It mandates that Person to aver in the plaint and establish the fact by evidence aliunde that he has always been ready and willing to perform his part of the contract. Distinction between “readiness” and “willingness” is that the former refers to financial capacity and the latter to the conduct of the person wanting performance . Person’s readiness and willingness, which is a condition precedent, must be in accordance with the terms of the agreement. In a suit for specific performance, person is to approach Court with clean hands. Right from the date of the execution till date of the decree he must prove that he is ready and has always been willing to perform his part of the contract. 2. Section 55 of Indian Contract Act,1872 provides answer to this problem. When a party to a contract promises to do a certain thing at or before a specified time, or certain thins at or before a specified time and fails to do such thing at or before a specified time, and fails to do such thing at or before a specified time, the contract or so much of it as has not been performed, becomes voidable at the option of the promisee, if the intention of the parties was that time should be of essence of the contract. 3. Section 53 of Indian Contract Act,1872 provides answer to this problem - When a contract contains reciprocal promises and one...
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