1. What
may an injured party do where the other party fails to perform their part of
the contract?
2. What
is the most common form of remedy for breach of contract (awarded in 95% of successful cases)?
3. When
the injured party is awarded financial compensation for breach of contract what is the purpose of the award?
4. Explain
what is meant by causation and how can circumstances sometimes prevail where an injured party will still not
be compensated even where the contract was clearly
breached?
5. A claimant is required to mitigate loss when claiming
damages in contract, what does that
mean?
6 What
are the two rules in Hadley v Baxendale
[1854] governing the awarding of damages
for breach of contract?
7. Wolfgang
has ordered a new stamping machine for his metal workshop. He explained
to the machine tool company he was buying it from that he needed it to cope with the rise in demand that had
happened in the last six months. The company salesman said that indeed there must have been an increase
because this was the third machine
that had been ordered. The machine tool
company delivered the stamping machine
11 weeks late causing Wolfgang to be unable to increase his production.
Wolfgang is very angry because he has also not been able to get a new contract with the local shipyard to
provide stampings for their tugboats.
Apply
the rules in Hadley v Baxendale to
determine what Wolfgang may be able to sue
for.
8. Norris
has booked an adventure holiday to Peru.
The brochure told him that it would be
the experience of a lifetime and that during the two weeks he would climb the Andes with English speaking mountain
guides, that he would see the splendour of the
Inca civilisation and enjoy the night life of Lima. In the first week the tour operator organised a bus trip into
the foothills of the Andes to an observation point where they could see the tops of the mountains 20 miles
away. Three days later a trip was organised to two local museums where
they were shown Inca artefacts and shown
a film about Incas. The nightlife of
Lima consisted of an early evening guided
walk in the city centre followed by a cabaret at the hotel.
What
can Norris claim for?
9. Wilbur
has enrolled on a course to learn production journalism hoping to get into magazine writing and photography. The course advertisement stated that the training company used only the latest
equipment and the highest qualified and experienced
trainers and that as an industry trained journalist they would be qualified to seek jobs on the most prestigious
magazines. Two weeks into the course
Wilbur becomes aware that the company has
lost its professional accreditation two month
earlier after failing to keep up to date with industry standard software and that two
of the tutors have never worked as journalists.
What
may Wilbur seek here? (Refer to the
legal authority on the subject)
Other Remedies in Breach of Contract
Damages and recission are legal remedies for breaches of contract, what
other remedies may the courts award and how do they differ form the legal
variety?
What is meant by the rather quaint notion that he who comes to equity
must come with clean hands.
10. Duston’s
Engineering Works have ordered a specially made ultrasonic testing tank to examine highly specialised jet engine
components at their works. Whizzosound,
the manufacturers have now said
that they will not deliver it. Duston’s
need this machine to complete a contract
by next month and although there is another supplier
twenty miles away it will take two months to build another machine.
What
might be an appropriate remedy to this breach of contract.
11. What
is the purpose of an injunction?
12. What
types of injunction are available in breach of contract?
For Quality Research Projects, Assignments, Dissertations, Theses: kojalajohn12@yahoo.com
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