5. Terms and breach of contract

2019 ◽  
pp. 102-125
Author(s):  
Jill Poole ◽  
James Devenney ◽  
Adam Shaw-Mellors
Keyword(s):  
The Other ◽  
Breach Of Contract ◽  
Essential Information ◽  
Contractual Obligations

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses how to identify the contractual obligations assumed by the parties in their contract, distinguishing terms (promises) and representations (non-promissory inducements to contract), and identifying the express and implied terms. It also looks at standards of performance, how to identify broken promises as a prelude to considering the remedies for breach of contract, and whether it is possible to opt not to continue to perform further contractual obligations following the other party’s breach.

5. Terms and breach of contract

2017 ◽  
Author(s):  
Jill Poole ◽  
James Devenney ◽  
Adam Shaw-Mellors
Keyword(s):  
The Other ◽  
Breach Of Contract ◽  
Essential Information ◽  
Contractual Obligations

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses how to identify the contractual obligations assumed by the parties in their contract, distinguishing terms (promises) and representations (non-promissory inducements to contract), and identifying the express and implied terms. It also looks at standards of performance, how to identify broken promises as a prelude to considering the remedies for breach of contract, and whether it is possible to opt not to continue to perform further contractual obligations following the other party’s breach.

5. Terms and breach of contract

2021 ◽  
pp. 97-119
Author(s):  
Jill Poole ◽  
James Devenney ◽  
Adam Shaw-Mellors
Keyword(s):  
The Other ◽  
Breach Of Contract ◽  
Essential Information ◽  
Contractual Obligations

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses how to identify the contractual obligations assumed by the parties in their contract, distinguishing terms (promises) and representations (non-promissory inducements to contract), and identifying the express and implied terms. It also looks at standards of performance, how to identify broken promises as a prelude to considering the remedies for breach of contract, and whether it is possible to opt not to continue to perform further contractual obligations following the other party’s breach.

scholarly journals Citing Responsibility for Enforcement Despite Contractual Liability in Compensation Expense, Injured in Jurisprudence and Iranian Law

2016 ◽  
Vol 9 (7) ◽  
pp. 279
Author(s):  
Alireza Hasani
Keyword(s):  
Legal System ◽  
Civil Liability ◽  
The Other ◽  
Breach Of Contract ◽  
System Form ◽  
Iranian Law ◽  
Two Systems ◽  
Contract Failure ◽  
Contractual Obligations

<p>Civil liability, contractual liability, and unconventional have two branches. If there is a contract between two or more persons and one of them committed a breach of contract (failure to perform, delay in performing the obligation) to and to harm the other party is incomplete and should the contract have contractual liability for damages cope. Where does harm to another person without a contract exists between them or if there is a contract, Inflict losses not related to the contract, the talk of non-contractual liability.</p><p>About whether contractual and non-contractual obligations is two different legal system or single legal system form, there is disagreement among the lawyers: Some distinguish these two systems from each other. But others believe that because the purpose of civil liability is to compensate for losses, these two are the single legal system.</p>By examining the different opinions, we see that both contractual and non-contractual liability system distinct from each other. And despite the contract, the victim can rely on the rules of non-contractual liability.

5. Contract IV: discharge of contract and remedies for breach

2019 ◽  
pp. 67-80
Author(s):  
James Marson ◽  
Katy Ferris
Keyword(s):  
Common Law ◽  
Contract Law ◽  
Law Reform ◽  
Breach Of Contract ◽  
Essential Information ◽  
Specific Performance ◽  
The Common ◽  
The Law ◽  
Contractual Obligations

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for and how to achieve extra marks. This chapter focuses on contract law. It discusses the discharge of contracts and the remedies for breach of contract where one of the parties has failed in their contractual obligations. Contracts can be discharged through performance, agreement, frustration, or breach. In the event of frustration, the parties can establish their own remedies or they can rely on the provisions developed through the Law Reform (Frustrated Contracts) Act 1943. Remedies have been established through the common law and equity. Damages are the primary remedy in most cases, but equitable remedies include specific performance, injunctions, and rectification.

scholarly journals The significance of typography in data visualization

2021 ◽  
Vol 11 (1) ◽  
pp. 12-23
Author(s):  
Halime Turkkan
Keyword(s):  
Big Data ◽  
Data Visualization ◽  
Graphic Design ◽  
Design Space ◽  
Critical Issue ◽  
Information Design ◽  
The Other ◽  
Essential Information ◽  
Digital World ◽  
Design Systems

With the development of technology and the dominance of the digital world, typography has become a critical issue. Information design systems are considered as one of the significant areas of graphic design and big data provides essential information on data visualization. This research aims to analyse the effects of typographic elements on visualizing data in terms of visual communication, by discussing the value that typography gives to design space. The research discusses randomly selected 10 infographic design samples published in the last six months on google. From the results, 5 designs with typographic concern were more favourable and visually more striking and preferable than the other 5 designs in terms of design disciplines. As in all areas of graphic design, it is argued that the power of typography is an indisputable concept in data visualization, which is seen as a sub-branch of information design. Keywords: data visualization; design; typography, significance, technology

scholarly journals Union Discourse and Perceived Violation of Contract

2008 ◽  
Vol 63 (3) ◽  
pp. 479-501 ◽  
Author(s):  
Dominique Peyrat-Guillard
Keyword(s):  
Social Contract ◽  
Psychological Contract ◽  
Emotional Reactions ◽  
Senior Management ◽  
The Other ◽  
Breach Of Contract ◽  
Social Contracts ◽  
First Case ◽  
The Social

This article proposes a study of the violation of contract process through a case study. The study is based on a discourse of the union, SUD Michelin, which is contrasted both with those of another union, the CFE-CGC Michelin and of the senior management of the corporation. The results highlight the possibility of applying Morrison and Robinson’s (1997) Psychological Contract Violation model at the social contract level. The emotional reactions appearing in the literature, which are associated with contract violations, can be seen in the union discourse of the SUD. The other union does not perceive any breach of contract. These differences may be attributed to the very nature of social contracts—relational in the first case, and more balanced in the second.

Efficiency, disgorgement and reliance in contract: a comment on Campbell and Harris

Legal Studies ◽  
2002 ◽  
Vol 22 (4) ◽  
pp. 570-577 ◽  
Author(s):  
Peter Jaffey
Keyword(s):  
Economic Theory ◽  
Recent Article ◽  
The Other ◽  
Breach Of Contract ◽  
House Of Lords ◽  
Aggregate Wealth

In a recent article in this journal, David Campbell and Donald Harris criticise the House of Lords decision in A-G v Blake, which held that in some circumstances there can be a liability to surrender the profits of a breach of contract to the other contracting party, ie a liability for disgorgement, as it will be referred to here. The criticism invokes what is sometimes referred to as the economic theory of efficient breach, which can be expressed briefly as follows. The performance of contracts generally increases aggregate wealth – ie is efficient – because parties will contract only on terms that provide them with a benefit that exceeds their costs of performance. But sometimes the circumstances will change after contracting, such that overall wealth will be maximised if the contract is not performed as agreed. For example, the defendant contracting party may discover an opportunity that he or she can take up only by abandoning the contract, and this opportunity may generate enough money to leave a profit, even after the claimant has been compensated for breach.

Part I Introduction, 1 The Nature of Termination

2020 ◽  
Author(s):  
Stannard John E ◽  
Capper David
Keyword(s):  
Common Law ◽  
The Other ◽  
Breach Of Contract ◽  
Close Relationship ◽  
The Law ◽  
The Right ◽  
The Relationship ◽  
Right To Refuse

This chapter discusses the nature of termination for breach. Termination for breach can be seen both as a process and as a remedy. Traditionally, the topic has been dealt with under the broader umbrella of ‘discharge’, alongside such topics as performance, frustration, and agreement. Problems arise, however, when the notion of discharge is pressed too far; in particular, the idea of the contract ‘coming to an end’ can be a misleading one, and has given rise to various errors and misconceptions. For this and other reasons, more emphasis is now given to termination in the context of remedies. Termination can be one of the most useful weapons in the armoury for the victim of a breach of contract, not least because, unlike many other remedies, it does not require recourse to the courts. However, this notion of termination as a remedy should not obscure the close relationship between termination and the other modes of discharge, most notably frustration. The chapter then looks at the problems in this area of the law, including problems of terminology, the different ways in which common law and equity have approached the question, and the relationship between discharge and damages. It also considers the most important aspects of the right to terminate, including the right to refuse performance.

Damages for Breach of Contract

2021 ◽  
pp. 329-354
Author(s):  
Daniel Benedyk ◽  
Ruth Keating
Keyword(s):  
The Other ◽  
Basic Rule ◽  
Breach Of Contract ◽  
Construction Contracts ◽  
Special Circumstances ◽  
To Receive

This chapter analyses the basic rule governing the assessment of damages for breach of contract, which emphasizes that no special or different rules apply to construction contracts. It explains that the basic rules have no limits to its application to the amount of loss that can be recovered. It also discusses how limits involve a set of rules which go back to the famous and ancient case of Hadley v Baxendale. This chapter describes the categories of recoverable loss, such as the damages which the other party ought to receive in respect of a breach of contract. It analyses the second limb of the rule in Hadley v Baxendale that relates to special circumstances known to the parties at the time the contract was made.

1. Introduction: proprietary rights

2020 ◽  
pp. 1-13
Author(s):  
Victoria Sayles
Keyword(s):  
The Other ◽  
Essential Information ◽  
The Right

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses proprietary rights. These govern people’s ability to use and enjoy both land they physically possess and land physically possessed by others. Whilst technically all land is owned by the Crown, holding an estate in land, and in particular a freehold estate that gives one rights to possess, enjoy, and use the land forever, is tantamount to actual ownership. The other type of proprietary right is an interest in land. Whilst an estate gives one a slice of time to use and enjoy land one physically possesses, an interest gives the right to use and enjoy land physically possessed by another. Proprietary rights can be either legal or equitable in status.

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