وبلاگ

In addition, the real costs of wages and milk are uncertain. These are future expenses for which EBWS has not assumed any legal obligation and which are separate from the general terms and conditions of the parties. We note that EBWS had not yet commenced operations as a dairy at the time of the construction contract and had no history of milk purchases or employee compensation. See [quote] (explains that the profits of a new business are uncertain, speculative and non-refundable). For example, the cost of milk and the number and amount of wages of future employees that EBWS could pay for repairs in the event of a plant closure are uncertain. Concrete performance is a court order to the promising person to take charge of the service to which he has committed himself in a contract. A particular benefit is an alternative relief to damages and, subject to a number of exceptions, may be granted at the discretion of the court. Emily signs a contract to sell Charlotte a golden samovar, a Russian antique of great sentimental value because it belonged to Charlotte`s mother. Emily then terminates the contract while it is still running. A court may duly issue Charlotte with an injunction for a specific benefit against Emily. The public before the trial can reduce the effectiveness of the jury, for example, by presenting incriminating information or arousing blind emotions that significantly affect the outcome of trials and affect their fairness. [11] With the development of technology, the dissemination of mass media makes legal information more accessible and therefore poses a greater threat to the judicial process. Litigation remedies are designed for judges to mitigate the public`s impact before trial without violating the freedom of expression of the press.

[2] 3. If an agreement has suffered damage as a result of the non-performance of a sealed promise, whether the promise is included in a documentary examination or whether it is expressly or implicitly stated in the terms of the instrument; Or whether the damage is lump sum or not liquidated, the right recourse is the action of the agreement. In English and American jurisprudence, there is a legal maxim (though it is sometimes honored in violation) that there is a remedy for every right; Where there is no recourse, there is no right. That is, the legislature purports to provide appropriate legal remedies to protect rights. This legal maxim was first enunciated by William Blackstone: “It is a firm and immutable principle in the laws of England that every right, if denied, must have a remedy, and every violation its proper remedy.” [3] [4] With the United Kingdom and the United States, reparation is a concept widely used in the legal systems of a large number of countries, although approached differently. [5] Contracts are a popular tool for businessmen all over the world because they provide security and definition of transactions. But what if someone doesn`t do what they promised in a contract? In the legal world, this is called a “violation,” and there are a number of legal remedies for this situation. Financial damages, as well as injunctive relief, are most commonly used in the United States. Like the United States, British courts tend to award financial damages in tort cases. However, punitive damages are not applicable in the legal systems of the United Kingdom. and Japan or contractual affairs in Australia and occupy a limited but growing scope in the People`s Republic of China. In European countries, the nature of remedies, including the type and amount of damages, is determined on a case-by-case basis by factors such as the place where the unlawful conduct caused damage.

The enforcement of remedies can be difficult in international disputes, as the law of one jurisdiction does not apply to another. [5] Specific enforcement refers to the court that obliges the defendant to perform certain acts. [9] This type of equitable remedy is limited in scope since, for example, in contract law, the provision of a certain service would require that the property giving rise to the dispute be unique or that it be more practical for the defendant to indemnify the plaintiff by paying damages. [6] An appeal in equity occurs when the court orders someone to do something. This can also be called an “injunction”. In the case of violations, it may look like this: Certainly, the general rule is that the parties are free to enter into any type of contract they want, as long as it is not illegal or unscrupulous. The inclusion of a penalty clause in the contract – already mentioned – is a means by which the parties can reach an agreement that affects the damages. But beyond that, as we saw in Chapter 12 “Legality”, it is very common for one party to limit its liability, or for one party to agree that it will seek only limited remedies against the other in the event of a breach.

Such consensual restrictions on the availability of remedies are generally acceptable as long as they are visible, negotiated and not unscrupulous. In consumer transactions, courts are more likely to be unscrupulous when it comes to limiting contractually agreed remedies than in commercial transactions, and the Uniform Commercial Code (UCC) imposes other restrictions on contractual remedies. Indirect damages, also known as special damages, are intended to compensate for the indirect consequences of the defendant and are punished on a case-by-case basis due to their specificity. Loss of profit is a common type of indirect damage in contract law. If the party violating a contract results in lost profits for the plaintiff, the money is recoverable if the plaintiff can prove its conclusion and attribute it to the illegal behavior of the offending party, which can be extremely difficult. [8] In addition, court costs, including those incurred in bringing an action against the infringer for compensation, will not be deducted from indirect damages and will be charged by the defendant, unless otherwise provided in the contract. [6] Given the importance placed on the will of the parties in the drafting and interpretation of contracts, it may seem surprising that the remedy for each breach is not a court order directing the debtor to perform its obligations. But this is not the case. Of course, some duties cannot be fulfilled after a violation because time and circumstances have changed their purpose and rendered many of them worthless.