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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.
Federal officials charged Miller & Long $13,000 for violations of worker safety codes. [12] Fairfax County barred resumption of construction at the site for 16 months following the accident. Permission to resume construction was later granted. Work resumed in July 1974 and was completed in 1977.
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.
An offer is defined as a promise that is dependent on a certain act, promise, or forbearance given in exchange for the initial promise [26] An acceptance is simply the assent of the other contracting party or parties to the terms stipulated in the contract.
A force majeure may work to excuse all or part of the obligations of one or both parties. For example, a strike might prevent timely delivery of goods, but not timely payment for the portion delivered. A force majeure may also be the overpowering force itself, which prevents the fulfillment of a contract.
"If a man fails to fulfill an agreed contract - unless he had contracted to do something forbidden by law or decree, or gave his consent under some iniquitous pressure, or was involuntarily prevented from fulfilling his contract because of some unlooked-for accident - an action for such an unfulfilled agreement should be brought in the tribal courts, if the parties have not previously been ...
For example, because not all people who have accidents can find solvent defendants from which to recover damages in the courts, P. S. Atiyah has called the situation a "damages lottery". [154] Consequently, in New Zealand, the government in the 1960s established a no-fault system of state compensation for accidents .
This is in contrast with a contract, which is a promise that courts will enforce. A promise may be illusory for a number of reasons. In common law countries this usually results from failure or lack of consideration (see also consideration under English law). Illusory promises are so named because they merely hold the illusion of contract.