1. What is meant by the breach of the contract?
2. Define remedy. Whom are remedies afforded by?
3. What types of remedies are presented in the text? What is the line which differentiates between damages
and other remedies?
4. What is the meaning of the word damages? What requirements shall be met so that the court may award
damages?
5.
Elicit the meaning of the words specific performance and injunction. What other remedies could be
mentioned in this regard? You may need to surf the Internet.
6. Explain the concept of remoteness. Why is it important?
Ответы
Ответ:
What is meant by the breach of the contract?
Answer: A breach of contract occurs when one party fails to fulfill its obligations as stipulated in the contract. It could involve non-performance, inadequate performance, or a violation of terms agreed upon in the contract.
Define remedy. Whom are remedies afforded by?
Answer: A remedy is a legal or court-ordered solution to address a breach of contract. Remedies are afforded to the party who suffered harm or loss due to the breach. They aim to compensate for the damage suffered and restore the non-breaching party to the position they would have been in had the breach not occurred.
What types of remedies are presented in the text? What is the line which differentiates between damages and other remedies?
Answer: The text likely presents various remedies, including damages, specific performance, and injunctions. The line distinguishing damages from other remedies is that damages involve monetary compensation for losses suffered, while other remedies focus on compelling the breaching party to perform the agreed-upon duties (specific performance) or restraining them from certain actions (injunction).
What is the meaning of the word damages? What requirements shall be met so that the court may award damages?
Answer: Damages refer to monetary compensation awarded by the court to the non-breaching party. To be awarded damages, certain requirements must be met, such as proving that a breach of contract occurred, demonstrating the extent of the harm or loss suffered, and establishing a causal connection between the breach and the damages claimed.
Elicit the meaning of the words specific performance and injunction. What other remedies could be mentioned in this regard?
Answer:
Specific Performance: It is a remedy where the court orders the breaching party to fulfill their contractual obligations as agreed upon.
Injunction: This remedy involves a court order restraining a party from performing a particular action.
Other Remedies: Depending on the jurisdiction and the nature of the breach, other remedies may include rescission, restitution, or declaratory judgments.
Explain the concept of remoteness. Why is it important?
Answer: Remoteness refers to the legal principle that limits the types of losses for which a party can claim damages. The concept assesses whether the losses claimed were foreseeable at the time of entering the contract. It is important because it ensures that damages are awarded only for losses that were within the contemplation of the parties when forming the contract, preventing claims for overly remote or unforeseeable damages.
Объяснение: