Question
are my answers correct plz i need help Q1Give an example of one of the parties breaching the contract - MAKE SOMETHING UP.Explain who the
are my answers correct plz i need help
Q1Give an example of one of the parties breaching the contract - MAKE SOMETHING UP.Explain who the breaching party is and how it is they breached the contract.(Were the duties assigned to someone else?Or did the original contracting party breach?If the duties were assigned, what rights does the other party have if they are not satisfied with the job?)
Answer
A breach is material if, as a result of the breaching party's failure to perform some aspect of the contract, the other party receives something substantially different from what the contract specified. For example, if the contract specifies the sale of a box of tennis balls and the buyer receives a box of footballs, the breach is material. When a breach is material, the non breaching party is no longer required to perform under the contract and has the immediate right to all remedies for breach of the entire contract.
Q2 List any defenses that the breaching party may have for not following through with his end of the deal.
Answer
The contract was supposed to be in writing.If the other side argues that an oral agreement should be enforced against you, you may be able to defend yourself by claiming that a state law (known as the "Statute of Frauds") requires the type of contract -- for example, for the sale of real property -- to be in writing
Q3Discuss what type of damages the non-breaching party will recover and what they did, if anything, to mitigate damages?
Answer
Compensatory damagesare money awarded to a plaintiff to compensate fordamages, injury, or another incurred loss.Compensatory damagesare awarded in civil court cases where loss has occurred as a result of the negligence or unlawful conduct of another party
For example, you hire a caterer to provide meals for a big party at the price of $1000, and you pay the fee. Before the party, happens, the caterer tells you that they are unable to provide the meals on the date of the party. You are able to find another caterer to provide the food, but the new caterer charges $1500. You file suit against the first caterer for breach of contract.
Depending on the finding of the court in the case, the first caterer may be ordered to pay you $1500 in compensatory damages; this reimburses you for the additional fee that you incurred because the first caterer did not fulfill their part of the agreement
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