0
What else can I help you with?
Is it a conflict of interest for a director of an HOA in Florida to work for a vendor who has a contract with the HOA?
Yes.
Does any breach of contract allow the non-breaching party to cancel the contract?
Yes
Is it true that unless stated in the contract the breaching party in the contract cannot be charged with legal fees?
No.
What type of breach can a non breaching party cancel a contract?
anticipatory breach
What happens when a contract is not performed?
When one party to a contract does not perform his duties they are in breach of contract and there are legal implications. Each party to a contract makes a promise to either perform a certain duty or pay a certain amount. If one party fails to act as promised, and the other party has fulfilled the duties under the contract, the other party is entitled to legal relief. When one party has breached the contract, the party who has performed is entitled to various remedies for the breach. * Consequential damages - This requires the breaching party to pay the non-breaching party an amount that puts the non-breaching party in the same position they would have been in if the contract was performed * Punitive damages - Courts can force the breaching party to make a payment as a punishment for the breach of contract * Liquidated damages - The parties agree, at the time they make the contract, that if one party breaches the contract, the breaching party should pay a specified sum. Thus, this is an amount written in the contract * Nominal damages - This is a minimal amount provided to the non-breaching party if that party won the case but did not financially lose much In certain situations, they can also get specific performance of the contract.
Contract breached or void?
A contract is breached when one of the parties violates its terms. Breaching a contract sometimes voids it but not always since it is usually at the option of the innocent (non-breaching) party to choose not to regard the contract as voided. Also, the contract may commonly specify that breaching of some terms does not void other terms of the contract. A contract is void when it no longer has any force. This can be because it has lapsed because of time, because the conditions have been fulfilled, because it was against public policy to begin with or because the terms state that it is void if one of the parties breaches one or more terms of it.
When being accused of torturous interference what can happen to you?
You are accused of "pushing" or "provoking" and individual to breach a contract. Then you can be held liable for the breaching of said contract.
What you prefer rescission or reformation when a contract becomes impossible to perform?
If the impossibility was unforeseeable, most courts treat it as if the contract never existed in the first place. If there is partial performance, the non-breaching party can recover damages only to the extent that they provided value to the breaching party. Impossibility would eliminate the non-breaching party's election of rescission or reformation.
Your contract states you need to give 3 months notice do you have to honour this?
If you have a contract then yes, you absolutely must fulfill the terms of the contract or you risk breaching which subjects you to civil liability.
What is the difference between expectation and reliance damages in a contract dispute?
Expectation damages in a contract dispute refer to the amount of money needed to put the non-breaching party in the position they would have been in if the contract had been fulfilled. Reliance damages, on the other hand, compensate the non-breaching party for expenses incurred in reliance on the contract, even if they do not fully cover the expected benefits.
Does a breach of contract make the contract null and void?
A breach of contract does not automatically make the contract null and void. The non-breaching party can choose to enforce the contract, seek damages for the breach, or terminate the contract depending on the circumstances and terms of the agreement.
Can you go to jail for breach of contract?
Yes, it is possible to face legal consequences, including potential jail time, for breaching a contract, depending on the circumstances and the severity of the breach.
