Ads
related to: what is actual breach of contract in court cases based
Search results
Results From The WOW.Com Content Network
The first is actual failure to perform the contract as and when specified constitutes the first and most obvious type of breach. A contract lays down what must be done, what cannot be done, and when it must be done. If what was prescribed has not been done within the stipulated or reasonable period, there has been a breach of contract. A ...
The United States Court of Appeals for the Federal Circuit found a breach of contract and awarded damages—the Supreme Court upheld the lower court decision. "Winstar" cases resulted in multimillion-dollar payouts to plaintiffs. As of July 31, 2000, there were 13 settlements or judgments totaling $1.158 billion against the federal government ...
Hadley & Anor v Baxendale & Ors [1854] EWHC J70 is a leading English contract law case. It sets the leading rule to determine consequential damages from a breach of contract: a breaching party is liable for all losses that the contracting parties should have foreseen.
Jacob & Youngs, Inc. v. Kent, 230 N.Y. 239 (1921) is an American contract law case of the New York Court of Appeals with a majority opinion by Judge Benjamin N. Cardozo.The case addresses several contract principles including applying the doctrine of substantial performance in preventing forfeiture and determining the appropriate remedy following a partial or defective performance.
United States Naval Institute v. Charter Communications, Inc., 936 F.2d 692 (Second Cir. 1991) is a case discussing the extent and nature of contract damages. Damages for breach of contract are generally to provide damages for the injured party's loss; an injured party is not awarded damages based on the breaching party's gain. Snepp v.
The Court of Appeal decided that Burger King could not terminate the contract, for several reasons, one of which was that it was in breach of an implied term of good faith, having taken steps to engineer the breach of the contract. The case is significant in Australian contract law as one of the most expansive characterisations yet of an ...
The rule of the common law is, that where a party sustains a loss by reason of a breach of contract, he is, so far as money can do it, to be placed in the same situation, with respect to damages, as if the contract had been performed. The case of Flureau v Thornhill qualified that rule of the common law. It was there held, that contracts for ...
The declaration contained counts for work and labour: but the plaintiff appears to have retained his verdict on the count framed on the special contract, thus shewing that, in the opinion of the Court, the plaintiff might treat the renunciation of the contract by the defendants as a breach, and maintain an action for that breach, without ...