between Caldwell and Duke/Fluor Daniel to install one of their systems in South Carolina. Part of the contract stated that Caldwell would “pay liquidated damages of $5,000 per day if the system was late”. The Marley Cooling Tower Company made a pact to ship all materials needed for the construction of this cooling unit and that it would deliver on or before April 1. According to this contract, “Neither Marley or the Purchaser shall be responsible or held liable for any special, indirect, consequential
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with Sam Salesperson and Seller Unknown. For example, Mr. Salesperson did not draw up the contract regarding the earnest payment on two occasions when he promised to do so. He did not practice impartially as a dual agent and seemed to be biased towards the seller. It was very unethical not to disclose the deal in the works with the other buyer. The cause of action you have here is a Breach of Contract. Looking at the rest of the facts, all the other things that were done here are not separately
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no material breach of the contract. Therefore, specific performance is not available as a remedy. A contract is an agreement between two parties that creates an obligation to do or not do something. Therefore, a breach of contract occurs when one or more of the parties fail to honor his or her responsibilities of the contract; thereby subjugating himself or herself to the legal system (“Breach of contract,” 2011). If one or more party (responsible for the completion of the contract) has failed to
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extinguish liability under a contract, a party must provide d. COMPLETE PERFORMACE “material breach” “Substantial performance”-> half of the work done Complete performance -> the work is complete Types of Damages Compensatory compensate injured party for what they have lost -what you were promised minus what you got -incidental damages ( postage) -sale of goods * What you paid and what you should have paid -sale of land * Difference between the contract price and market price
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Lecture 4 & 5 - CISG- International Contracts of Sale of Goods Contract * The issues in this case is -- what is the governing law? -- Does CISG apply? -- Is there a breach of contract by (seller) as regards to (a) Delay of delivery (b) quality if wines? -- What are the remedies available to (buyer)? 1. Is there a choice of law clause? * ( Yes – Australian is the governing law ) ( No- where there is no choice of law clause in the sale contract, courts will choose the law of nation
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International contracts must be clear and concise. Especially when regarding risk of loss. Risk of loss in sales contracts refers to who will be held liable if an unforeseen incident occurs as in damage or loss of the items for sale. Under section 2-301 General obligations of parties of the Uniform Commercial Code, “The obligation of the seller is to transfer and deliver and that of the buyer is to accept and pay in accordance with the contract.” However, there are some additional conditions.
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the contract of employment by appearing to resign. We say it appears so because it is not voluntary resignation. It is resignation caused by the employer’s behaviour. The classic case of constructive dismissal in Malaysia is the case of Wong Chee v Cathay Organization (1988). It would be a constructive dismissal if an employer is guilty of a breach of the contract or if he has evinced an intention no longer to be bound by it. In such situation the employee is entitled to regard the contract as terminated
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the case as a dismissal if it is referred to the Court. Termination arises out of breach of contract and an employer has the right to terminate an employee if he has breached the terms of his contract. If the employees would not be able to perform his duties and if there is no other suitable work for the employees, the employer has the right to terminate the employee’s service. The right to dismiss arises out of breach of discipline. An employee may be dismissed without notice after he has been found
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Recognizing Contract Risks and Opportunities Jennifer Breeden Law/531 Business Law March 6, 2011 Monica Cosentino-Benedict Recognizing Contract Risks and Opportunities MEMO To: Span Systems Management From: Jennifer Breeden Date: March 6, 2011 ------------------------------------------------- Subject: Recognizing Contract Risks and Opportunities The purpose of this memo will be to analyze the recent contract between Span Systems (Span) and Citizen – Schwarz AG Bank (C-S). This
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Contract Creation and Management Simulation LAW/531 January 4, 2012 Contract Creation and Management Simulation Eight months into a 1-year contract between Span Systems, a California e-banking software developer, and Citizen-Schwarz AG (C-S), a large German bank looking to break into the retail financial services market in America (University of Phoenix, 2009), C-S suddenly sent a letter to Span stating that deliverables were behind schedule and unacceptable. They wanted to rescind the contract
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