10/17/12 Breach of Contract Cases

1/2 www.buzzle.com/articles/breach-of -contract-cases.html

Breach of Contract Cases
The legal term contract implies an agreement that is enforceable by the law. A breach of contract
implies the non-performance or abstinence of performance or completion of the contract. The laws
pertaining to common contracts can be rather difficult and can be better understood with the help
of some breach of contract cases.
One must note that an agreement that is backed by legal
consideration in the form of money, or money's worth can
become legally enforceable and can be breached. A
domestic agreement that stands without a consideration is
not legally enforceable and thus, it cannot be subject to a
breach.
What is Breach of Contract
A breach of contract can be any kind of non-performance or
abstinence from completion of contract or non-fulfillment or
only partial fulfillment. A breach can also involve a situation
where a contract's performance is not up to the mark.
Another case that is breached is non-payment appropriate
consideration. A time constraint is also remarked to be a
non fulfillment of a contract.
Breach of Contract Cases
You might come across several different breach cases in the news. There are several contract
conditions that people tend to breach. The following are some prominent ones.
Damages
Often it so happens that a breach of contract results into loss for the aggrieved party. For example,
A, a cloth merchant signs a contract with B a T-shirt manufacturer to deliver a specified standard of
cloth on a specified date. A delays the delivery and also supplied a low-grade cloth due to which B
losses a purchase order from one of his customers. Here, B is entitled to sue A for damages.
Factual Disclosure
Real estate breach, at times, involve the tort regarding factual disclosure. Factual disclosure is a
necessary element of all sale contracts. When the seller is selling any good or service to a buyer,
he is expected to disclose all facts about the good or services that are being sold. In sale of real
estate agreements, real estate brokers or sellers often intentionally or unintentionally fail to make
a complete disclosure of all facts that are attached to the property.
Specific Performance
Another externally important element of a contract is that of specific performance. Specific
performance is the performance of all elements of the contract that have been agreed upon. Partial
performance of duties is usually considered to be tort and breach of specific performance. Recent
breach cases involving credit related activities were based upon specific performance. In such
cases, a miscommunication of contractual elements and details led to the non-performance of the
contract.
10/17/12 Breach of Contract Cases
2/2 www.buzzle.com/articles/breach-of -contract-cases.html
Consideration
Famous breach cases, usually involve the non-payment of consideration. Consideration from the
point of view of a businessman is money and performance or the delivery of the said goods and
services. Though in most of the cases, performance is in proportion to the consideration, there
have been cases, where suits have been filed for disproportionate performance and consideration.
To sum up, it can be said that a performance, consideration and time of execution should be put
down on paper before the actual execution of the contract.
On the whole, the cases of breach differ from situation to situation and there is a probability that a
combination of two cases is observed.
By Scholasticus K
Last Updated: 9/26/2011
About Buzzle | Privacy Policy
2000-2011, 2012 Buzzle.com. All rights reserved.