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What are the remedies for breach of Agency?
Remedies for breach of agency may include damages, specific performance if the agency agreement is still in force, termination of the agency relationship, and in some cases, restitution or rescission. The specific remedy available will depend on the circumstances of the breach and the terms of the agency agreement.
Is recission a legal or an equitable remedy?
Rescission is considered an equitable remedy. It allows a contract to be cancelled and parties to be restored to their pre-contractual positions. It is typically granted by a court to prevent unjust enrichment or unfair outcomes.
Can Any breach allows the breaching party to sue for damages?
No. Most contracts have some kind of remedy for breaches built into them, but, if yours does not, you still have to show how the breach caused you a financial loss (damages). Without a remedy in the contract itself, your chance at receiving damages is pretty small.
Can you have a minor arrested for breaking contract?
Generally, you can't have anybody arrested for a breach of contract. The usual remedy is to sue for damages in a civil action.
What is the equitable remedy of Specific Performance?
Specific performance is a legal remedy in which a court orders a party to perform a specific act, usually related to a contract. It is typically used when monetary damages are inadequate to fully compensate the injured party, and the subject matter of the contract is unique, such as real estate. This remedy is discretionary and may be granted if the court determines it is appropriate under the circumstances.
What can an equitable remedy do?
An equitable remedy can provide fair and just resolutions in legal disputes where monetary damages may not be enough. This can include actions such as specific performance, injunctions, or restitution, which aim to restore parties to a position of fairness or prevent unjust enrichment. Equitable remedies are often sought when traditional legal remedies are inadequate.
What is the aim of a payment of damages for breach of contract?
The measure of damages in a claim for breach of contract is that sum that would place the Plaintiff (the aggrieved party) in the same position as he/she/it would have been had the contract been performed by the breaching party. This is most frequently meaured in terms of money, but under certain circumstances, the remedy for breach may be "specific performance"--in other words, getting the court to order the breaching party to actually do that which he/she/it promised to do.
What is reliance interest and expectation interest?
Reliance interest is the losses which the innocent party has sustained as a consequence of relying on the wrongdoer's promise. The plaintiff is put back in the pre-contract position, that is, before they sustained losses. This remedy for breach is only used when it is impossible to prove or quantify the expectation interest. Expectation interest is where the court grants the innocent party the amount that they would have gained if the contract had not been breached by the wrongdoer. This is the standard remedy for breach of a contract because it includes restitution and reliance.
Is a broken contract theft by conversion?
No, the two are completely different legal concepts and have nothing to do with one another. A broken, or breach of contract falls under the law on contracts. Conversion, or civil theft, falls under the law of torts. The remedy for a breach of contract is to give the non-breaching party damages so that he gets the benefit of his original bargain. The remedy for conversion is compensatory damages in the amount of the value of the item converted plus, perhaps punitive damages, since conversion is an intentional tort.
What can a tenant do if another tenant is affecting anothers tenants peace at home?
The aggrieved tenants may call the police to report such breach of peace. They may also write a letter to the landlord asking him to remedy the problem.
What can you tell me about unjust enrichment?
Unjust enrichment is when a party wrongfully profits from a breach in contract. The contractual remedy is restitution during which the innocent party will receive the damages of the contract along with the unjust enrichments of the breaching party.
Explain the provisions relating to the methods of discharging a contract by mutual agreement?
DescriptionThis section is from the book "The Law Of Contracts", by Samuel Williston. Also available from Amazon: Treatise on the Law of Contracts. Sec. 1793. Methods Of Discharge A contract may be discharged in the following ways: 1. Performance according to its terms.2. A breach of such a nature as to justify the innocent party in treating the contract as rescinded or as giving rise to a right of action for breach of the entire contract.3. Rescission of a voidable contract, at the will of one party, as for fraud, mistake, duress.4. Release.5. Rescission or renunciation by parol agreement.6. Accord and satisfaction, including accounts stated and novation.7. Cancellation and surrender.8. Alteration.9. Merger.10. Impossibility.To these may be added two defenses which generally are held merely to bar the remedy on the contract,11. Bankruptcy.12. Statutes of Limitation.A right of action upon a contract may be discharged in any of these ways except the second and the eleventh.
