scholarly journals Effect of pandemic on performance of contracts and remedies to the cases of breach

2021 ◽  
Vol 5 (S3) ◽  
Author(s):  
Maitreyee Dubey ◽  
Shikha Dimri
Keyword(s):  
Comparative Analysis ◽  
Published Data ◽  
Breach Of Contract ◽  
Default Theory ◽  
Legal Questions ◽  
Liquidated Damages ◽  
Balancing Of Interests

There would hardly be be any walk of life which has gone unaffected by the Covid-19 pandemic. It’s effect of the performance of contracts has also attracted legal questions and practical balancing of interests. In deciding whether a sum stipulated to be paid in case of breach of contract is liquidated damages or penalty to secure performance of the contract, intention of party is an important factor in determining but not always controlling one. Substantially, remedies are given by actions in cases of performance of contracts. The nature of the contract determines the kind of remedies. The article demonstrates the structure of damages, penalty-default theory as derived from Hadley v. Baxendale. It also analyses the effects brought in by the Covid-19 pandemic over the award of damages. By this article, the authors aim to analyze the two most crucial aspects of the Indian Contract Act ie. Performace, frustration and award of damages. The article attempts to scrutinize the dimensions and ways in which these words can be interpreted and applied. In this paper, the author will rely on critical and comparative analysis. For certain empirical demands of the topic, already published data and information will be relied on and acknowledged.

Part VIII Remedies For Default, 27 Debt and Other Agreed Sums

2021 ◽  
Author(s):  
Andrews Neil
Keyword(s):  
Common Law ◽  
Practical Importance ◽  
Case Law ◽  
Fundamental Principle ◽  
Breach Of Contract ◽  
Self Help ◽  
Liquidated Damages ◽  
Specific Performance ◽  
The Common ◽  
Judicial Remedies

This Part mostly concerns judicial remedies for breach of contract (the self-help remedy of forfeiture of a deposit is noted at [27.109]). The chapter sequence reflects both the division between Common Law (chapters 27 and 28) and Equity (chapter 29) but, more importantly, the practical importance of the judicial remedies, debt mattering more than damages, and in turn damages more than specific performance or injunctions. And so chapter 27 concerns ‘Debt’ (but agreed damages, ie liquidated damages clauses, are treated in the same chapter because the sum payable is, by definition, fixed or calculable in advance; but technically, agreed damages are damages and not a cause of action sounding in debt). Chapter 28 concerns damages, that is, compensation. Damages is a branch of the law which continues to generate a mass of intricate case law. Finally, chapter 29 concerns the equitable remedies of specific performance, injunctions, account of profits, and declarations. It is a fundamental principle that specific performance can be granted only if the Common Law remedies (debt and damages) are inadequate on the relevant facts. Chapter 27: The predominant claim for contractual default is the action for debt, to compel payment. Statistically this is the front-runner amongst remedies for breach. The availability of interest is also noted in this chapter.

21. Remedies for Breach of Contract

2017 ◽  
Author(s):  
M P Furmston
Keyword(s):  
Breach Of Contract ◽  
Time Limits ◽  
Contributory Negligence ◽  
Liquidated Damages ◽  
Specific Performance

This chapter discusses remedies for breach of contract. It covers damages (remoteness of damage and measure of damages; mitigation; contributory negligence; liquidated damages and penalties; and deposits, part payments, and forfeitures), specific performance (specific performance a discretionary remedy; the principle of mutuality; and the remedy of injunction), and extinction of remedies (the statutory time limits; effect of defendant’s fraud; extension of time in case of disability; effect of acknowledgement or part payment; and effect of lapse of time on equitable claims).

scholarly journals Digital seismic logger "Ermak-5". Five years of development

2021 ◽  
Vol 3 (3) ◽  
pp. 84-94
Author(s):  
Pavel Butyrin
Keyword(s):  
Comparative Analysis ◽  
Power Management ◽  
Field Experiments ◽  
Qualitative Comparative Analysis ◽  
Power Supplies ◽  
Published Data ◽  
State Register ◽  
Power Management System ◽  
Infor Mation

The published data on several well-known seismic recorders used in modern seismological moni-toring systems are considered, and their qualitative comparative analysis is carried out. Infor-mation about the presence of Russian devices of this class in the State Register of measuring in-struments is given. The key technical characteristics of the "Ermak" recorder and confirming the results of laboratory and field experiments are given. At the same time, special attention is paid to the correspondence of the amplitude-frequency characteristics of the recorder to the reference analogs. A brief description of the flexible power management system for the recorder modules, which is designed to reduce power consumption, is given. The minimum value of the power con-sumption is about 300 mW when recording through six channels, which makes it possible to ef-fectively use the device for long-term measurements using autonomous power supplies. The in-ternal clock of the recorder is synchronized using GPS/GLONASS systems (hundreds of nano-seconds) and NTP-services (tens of microseconds). The efficiency of operation is ensured by the presence of a LCD-screen at the logger, on which, in addition to time and parametric information, waveforms are displayed in various display modes. There is also a list of facilities where "Ermak" was tested or is currently being operated.

scholarly journals The latest first-line treatment options for ovarian cancer: focus on maintenance therapy

2020 ◽  
pp. 62-68
Author(s):  
A. A. Rumyantsev
Keyword(s):  
Ovarian Cancer ◽  
Comparative Analysis ◽  
Disease Progression ◽  
Treatment Options ◽  
Advanced Ovarian Cancer ◽  
Parp Inhibitors ◽  
Phase Iii ◽  
Published Data ◽  
Outpatient Basis ◽  
First Line

Ovarian cancer is one of the leading causes of death from gynecologic cancers in Russia: in 2018, 7616 women died from this disease and the proportion of patients who is under observation for 5 years or more was only 3.4%, which probably indicates very low 5-year survival. At the same time, there was is a tremendous paradigm shift in the treatment of BRCA-associated ovarian cancer. A number of large phase III trials have been published on the use of PARP inhibitors in this subtype of the disease. Their results demonstrated a marked reduction in the risk of disease progression or death with PARP inhibitors after first-line therapy for advanced ovarian cancer. Here we present a comparative analysis of the efficacy of various PARP inhibitors in BRCA-associated ovarian cancer. The relative risk reduction in disease progression or death for olaparib, niraparib and veliparib was 70%, 60% and 56%, respectively and advantage of using these drugs noted in all patient subgroups. Comparative analysis of the safety of various PARP inhibitors was carried out as well, the risks of developing various toxicity were assessed. Based on a comparison of published data on their safety profile, it was concluded that olaparib is the safest drug of this class, especially in the context of therapy on an outpatient basis. Possible ways to optimize the use of PARP inhibitors in disseminated ovarian cancer have been analyzed.

3 The Legal Effect of Classification as a ‘Penalty’ or a Valid Liquidated Damages Clause

2018 ◽  
Author(s):  
Halson Roger
Keyword(s):  
The Other ◽  
Breach Of Contract ◽  
Legitimate Interest ◽  
Liquidated Damages ◽  
Legal Effect

The previous chapter described the test laid down in the Cavendish case that determines the validity of any stipulated damages clause. In summary, a clause will be unenforceable which seeks to impose upon a party in breach of contract: a detriment which is not proportionate to any legitimate interest of the other party to the contract; or in ‘straightforward’ cases (still governed by the older Dunlop test): a detriment which is ‘extravagant and unconscionable’ in comparison with a ‘genuine pre-estimate’ of the loss that would result from the payer’s breach of contract. This chapter discusses the legal effect of contractual provisions which stipulate for a detriment which first satisfy whichever of the tests above is applicable to it (legal effect: liquidated damages clause) and then the legal effect, if any, of a contractual clause that fails to satisfy the applicable test (legal effect: penalty clause).

28. Agreed remedies

2021 ◽  
pp. 438-456
Author(s):  
Paul S. Davies
Keyword(s):  
Breach Of Contract ◽  
Liquidated Damages ◽  
Specific Performance

This chapter focusses on remedies agreed by the parties for breach of contract. Parties may wish to include a term in the contract which dictates what should happen in the event of breach of contract. If the term states that a certain amount of money should be paid upon breach, that term might be valid as a liquidated damages clause or unenforceable as a penalty. If the amount chosen is a genuine pre-estimate of loss, or is ‘commercially justified’, then it is likely to be valid. If the defaulting party had already paid money to the innocent party as a deposit, the innocent party may be able to forfeit that deposit. A term stipulating that specific performance or an injunction will be granted upon breach will not bind the court. However, the court may take into account such a term when deciding whether to exercise its equitable discretion.

The Penalties Rule and Compensation

2019 ◽  
pp. 147-172
Author(s):  
Prince Saprai
Keyword(s):  
Contract Law ◽  
Special Role ◽  
Undue Influence ◽  
Breach Of Contract ◽  
Compensation Principle ◽  
Liquidated Damages ◽  
Penalty Clauses

According to the penalties rule, agreed damages clauses that grossly over-compensate the promisee for breach of contract are invalid and unenforceable. This chapter argues that the ‘promise theory’ has struggled to explain how the rule is justified, because promissory logic seems to require that such clauses be enforced. It is only by rejecting the idea that promise plays a special role in contract law that an explanation comes into view. The penalties rule, like undue influence, is a ‘composite’ doctrine, that is, it involves and is justified by the interaction of a multiplicity of moral concerns. The main normative concerns in this context are promise and the compensation principle. This combination explains puzzles such as why penalty clauses are not enforced but, in contrast, liquidated damages clauses are, and why breach of contract is a condition for the application of the penalties jurisdiction.

8. Discharge of Contract and Contractual Remedies

2017 ◽  
Author(s):  
Lucy Jones
Keyword(s):  
Breach Of Contract ◽  
Anticipatory Breach ◽  
Liquidated Damages ◽  
Specific Performance ◽  
The Difference

The discharge of a contract means that the obligations of the contract come to an end. When discharge occurs, all duties which arose under the contract are terminated. This chapter discusses the various methods of discharging a contract and the consequences of each. It considers how a contract can be discharged through agreement between the parties; the elements necessary for a contract to be discharged by performance, including the rules relating to partial performance of a contract; and the meaning and effect of the frustration of a contract. The chapter discusses the meaning of breach of contract, both actual breach and anticipatory breach, and its consequences. The remedies for a breach of contract are explored, including the rules relating to remoteness and measure of damages and the difference between liquidated damages and penalties. Equitable remedies of specific performance and injunctions are explained.

28. Agreed remedies

2018 ◽  
Author(s):  
Paul S. Davies
Keyword(s):  
Breach Of Contract ◽  
Liquidated Damages ◽  
Specific Performance

This chapter focusses on remedies agreed by the parties for breach of contract. Parties may wish to include a term in the contract which dictates what should happen in the event of breach of contract. If the term states that a certain amount of money should be paid upon breach, that term might be valid as a liquidated damages clause or unenforceable as a penalty. If the amount chosen is a genuine pre-estimate of loss, or is ‘commercially justified’, then it is likely to be valid. If the defaulting party had already paid money to the innocent party as a deposit, the innocent party may be able to forfeit that deposit. A term stipulating that specific performance or an injunction will be granted upon breach will not bind the court. However, the court may take into account such a term when deciding whether to exercise its equitable discretion.

Litigating the Impacts of Climate Change: The Challenge of Legal Polycentricity

2018 ◽  
Vol 7 (1) ◽  
pp. 91-114 ◽  
Author(s):  
Basil Ugochukwu
Keyword(s):  
Climate Change ◽  
Comparative Analysis ◽  
Regulatory Policy ◽  
The Philippines ◽  
Policy Makers ◽  
The Earth ◽  
Legal Questions ◽  
Legal Context ◽  
Domestic Courts ◽  
Impacts Of Climate Change

This article uses Lon Fuller’s theory of polycentric cases to highlight the major challenges of litigating the consequences of climate change and the problems this poses for judges. It argues that a typical climate change case is a polycentric case par excellence and uses for illustration case studies where policy makers are sued before domestic courts to compel improved or more ambitious reductions in greenhouse gas emissions. The cases that are applied for comparative analysis include the Friends of the Earth Case in Canada, the Urgenda Case in Holland, the Leghari Case in Pakistan, and the Greenpeace Petition in the Philippines. It concludes that with its implications for regulatory policy, meta-territoriality and range of persons/institutions that may be impacted by one adjudication, climate litigation usually poses the same kinds of legal questions regardless of the legal context.

Sign in / Sign up

Export Citation Format

Share Document