Wednesday, May 6, 2020

Remedies for Breach of Contract Law

Question: Describe about the Remedies for Breach of Contract Law. Answer: Introduction The overall paper is showcasing the breach of contract in the case of property dealing. A conflict has been raised due to the poor contractual policy between Tom and Stan. Stan has a property at Tamworth. The property has good valuation and prospect. The property is comprised of stables and workers cottage. Tom has approached Stan regarding the buying of the land. He wants to make the land for the cottage for musicians who will take part in the world music festival. For this reason Tom is entitled to renovate the overall property. In this case Tom has purchased the land from Stan by giving specific amount of money and he committed to Stan that he can repurchase the land with renovation cost after the festival (Treitel, 1988). In this very time Ron has involved in the contractual process and he offered a good scheme to Tom. By listening the terms and conditions of the Ron, Tom has inspired and he sold the property to Ron. Main conflict is occurred from the time. When overall program w as completed then Stan asked for his property back. On that occasion Ron directly denied about this fact. Through this overall case scenario an example of breach in contract can be found. In Australia multiple rules and regulations are there regarding these types issues. Those issues have been highlighted in this case in a detailed manner. Main Analysis of the paper Consider the expression "rupture" synonymous with break, much the same as the softened word specified up the above situation. Breach of an accord in an agreement is often regarded as a void contract. A void contract actually starts off from incapability to please the stated conditions of an agreement, devoid of logical and genuine grounds. A breach of an agreement may possibly occur when a collaborator fails to comply with the conditions of the contract; when a worker achieves impressive results, intervened by the service agreement, or in spite of at times when a client keeps the temporary employee away from satisfying the promises or accomplishing the present tasks (Kraft, 1977). The overall paper is showcasing the breach in the contract process. This breach of contract has been done due to the poor commitment. Various rules and regulations are attached with the contractual process in Australia. Multiple terms are there in the Australian Legislations. The paper has derived the issue created between Tom and Stan. According to the Australian contract law a specific agreement must have to be there between the two entities or parties. Through this process a smooth balance can be maintained in the overall business process. In this case that balance has been badly interrupted. Tom and Ron have moved from their commitment, this is the reason behind the overall problem in the business process. According to the observers and researchers; Australian law is very strict regarding the contractual process. According to this law a significant terms need to be mentioned in the paper specific time duration and amount of money will be mentioned. Signature of both entities needs to be present in the contract paper. These things showcase the validity of the overall procedures. Some other elements also need to be mentioned in the contract paper. Clarity must have to be there in the case of contract process. According to the contractual process, when one party offers any deal to other party then overall willingness is depended on the preferences and choices of the other party. In this case Tom has approached Stan regarding the deal proposal. By the help of this dealing Stan can get huge amount of money, but they both signed a deal where it was mention Tom is liable to give the repurchasing offer to Stan. After closing the overall musical festival Ron has taken over the right of the prop erty (Burrows, 2004). According to Australian Contract rules and regulations, contract law is made for making smooth business dealing among the business entities, but when breach is happened then multiple problems can be raised. In that case appropriate legal steps and processes need to be taken by the parties. By observing this particular case scenario, Stan must have to take legal action against Ron and partially Tom. According to the legal agreement Tom was bound to return the property to Stan, but now he sold the property to Ron. On the basis of this contractual statement Stan can take legal actions against the Tom as he has done breach of contract. This breach of contract made huge financial losses. On the other hand Ron has committed to Tom that he will personally negotiate with Stan. For this reason Stan must have to focus on legal actions. Stan needs to make appropriate legal activities against the Tom and Ron. Stan can raise a petition in the court regarding this matter and through this process overall understanding or legal activities can be clarified. By the help of this legal aspects and activities Stan can get a justified and positive outcome in the contractual procedure. When this case will be sent to the court then lots of legal documents and aspects need to be presented. These documents will be used as a proof in the case of business process. By the help of this legal activities Stan can get legal justifications. By the help of this process overall understanding of the process could be observed. Conclusion The overall paper is showcasing the legal contract based case study where Stan couldnt able to repurchase his property due to legal inconveniences. In a business agreement, several commitments are made that are expected to be accomplished by the gatherings whoever has undergone the assertion. In legal terms, the incapability of the gathering to meet the lawful commitments and pledges are termed as rupture of agreement. Reliant upon the particulars, a rupture can occur when a gathering avoids performing on time, rather fails to perform as per the terms of the understanding, or does not perform by any means. As needs be, a breach of a contract is often resolved in terms of material and insignificant stages of facilitation, irrespective of finding evidence for the arrangements for treat the breach of the agreement (Beale, 1980). Preferably, statement on either sides claim that profit would be fulfilled with the result, and there would be no chances of arguments. In any case, in real wor ld scenarios, rearrangements occur, money related matters can earmark and additional unforeseen instances can overlap to obstruct or even keep an effective contract to take place. The supplementary is a discourse of the lawful plan of "break of agreement" and a diagram of your choices shall be considered with, if such a rupture occurs. References Beale, H. (1980).Remedies for breach of contract. London: Sweet Maxwell. Burrows, A. (2004).Remedies for torts and breach of contract. Oxford: Oxford University Press. Carter, J. (1984).Breach of contract. Sydney: Law Book. Kraft, M. (1977).Remedies for breach of contract. New York: Practising Law Institute. Pitch, H. Carman, E. (1985).Damages for breach of contract. Toronto, Canada: Carswell. Rowan, S. (2012).Remedies for breach of contract. Oxford: Oxford University Press. The breach of publick faith exemplify'd. (1712). London. Treitel, G. (1988).Remedies for breach of contract. Oxford [England]: Clarendon Press.

No comments:

Post a Comment

Note: Only a member of this blog may post a comment.