When a breach of contract occurs, there must be a remedy of damages. This is the payment in one form or the other for a breach of contract by the breaching party, to the non-breaching party. There are various kinds of remedies, which include; Compensatory damages, Punitive damages, and Liquidated damages. In the law of contract, when a breach of contract occurs, the non-breaching party has to do all he/she can in order to minimize the damages caused by the breach. However, some contracts contain provisions that specify a certain sum of money that is payable by the breaching party incase he/she fails to perform his/her duties as required by the contract signed. This sum of money paid for a breach of contract is known as, liquidated damages. The liquidated damages payable after a breach of contract are based on a reasonable estimate of the value of the promised performance, in the breached contract. The identified parties of the contract always spell out liquidated damages earlier in a contract.
Damages are liquidated in a contract if; the amount is reasonable, and considers the anticipated harm caused by the contract breach, if there is difficulty in proving the loss, and if, there is a difficulty of finding another adequate remedy for the breach of contract. Secondly, damages in a contract are liquidated if the injury is uncertain or is difficult to quantify. In addition, the damages are supposed to be structured to function as damages, and not as a punishment. If the above is not met, a liquidated damage will be considered as null, and void.
On the other hand, liquidated damages may not apply after a breach of contract if the liquidated damages clause was not included in the formation, and before signing the contract. In addit...
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...entered into contract, in case there is a breach of contract.
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In my opinion, if the jury in this case subtracted the contractual claims against the profits, they would have arrived at different damage/entitlement amounts. My guess is Main Line would have been entitled to much less than what was awarded in this case.
(1) When the contract was entered into, was it apparent that damages would be difficult to estimate in the event of a breach? (2) Was the amount set as damages a reasonable estimate and not excessive? (Cross & Miller, 2012)
There can be no question that sport and athletes seem to be considered less than worthy subjects for writers of serious fiction, an odd fact considering how deeply ingrained in North American culture sport is, and how obviously and passionately North Americans care about it as participants and spectators. In this society of diverse peoples of greatly varying interests, tastes, and beliefs, no experience is as universal as playing or watching sports, and so it is simply perplexing how little adult fiction is written on the subject, not to mention how lightly regarded that little which is written seems to be. It should all be quite to the contrary; that our fascination and familiarity with sport makes it a most advantageous subject for the skilled writer of fiction is amply demonstrated by Mark Harris.
Washington Law Review, Vol. 86, Issue 4 (December 2011), pp. 841-874 Barnum, Jeffrey C. 86 Wash. L. Rev. 841 (2011)
Liability in restitution with disgorgement of profit is an alternative to liability for contract damages measured by injury to the promisee.” (2011)
In sporting activity participation and televised sports, there is a noticeable difference between male and female interest and involvement. In the article Center of Attention: The Gender of Sports Media Michael A. Messner discusses the issues that involve all aspects of sports strictly being a man’s affair. Messner expresses ideas that men are not only the forefront of sports participation, but sports media as well. A point is made in the article about the leaders in sports being those who are the most aggressive. This point is the reasoning behind why men are the superior figures in sports. The aggressiveness of men causes there to be more interest into male sporting activity which makes men a dominant figure in sports.
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In order to critically assess the approach of the courts in allowing damages for pure economic loss in cases of negligence. One must first outline what pure economic loss is and what it consists off. Pure economic loss can be defined as financial loss or damage to one party caused by another party due to their negligence however the negligent act that is carried out is ‘purely’ economic and has no relation to any physical damage caused to any person or property. Numerous cases illustrate pure economic loss and losses that are deemed to be ‘purely economic’ are demonstrated under the Accidents Act 1976.
Where compensation takes the form of a monetary award, it adequately satisfies the plaintiff for any financial harm caused . For example...
person injured therein, for the recovery of civil damages as a result of any act or omission
A contract is an agreement between two parties in which one party agrees to perform some actions in return of some consideration. These promises are legally binding. The contract can be for exchange of goods, services, property and so on. A contract can be oral as well as written and also it can be part oral and part written but it is useful to have written contract otherwise issues can be created in future. But both the written as well as oral contract is legally enforceable. Also if there is a breach of contract, there are certain remedies for that which are discussed later in the assignment. There are certain elements which need to be present in a contract. These elements are discussed in the detail in the assignment. (Clarke,
Whether its baseball, basketball, soccer, hockey, or tennis, sports is seen all over the world as a representation of one’s pride for their city, country, and even continent. Sports is something that is valued world-wide which has the ability to bring communities together and create different meanings, beliefs and practices between individuals. Although many people may perceive sports to have a significant meaning within our lives, it can also have the ability to separate people through gender inequalities which can also be represented negatively throughout the media. This essay will attempt to prove how gender is constructed in the sports culture while focusing on female athletes and their acceptance in today’s society.