Examples of Worked Cases of Breach of Contract

Examples of Worked Cases of Breach of Contract

 

Generally, a contract is an agreement between individuals or business entities in which one party agrees to do something for the other party in exchange of something in return or payment.  For instance, A asks B to landscape his front yard for a payment of , 0000 and B agrees. The agreement can be written or oral, but in most situations, it should be finalized through black and white.  Contracts that are made by minors are not valid.  It should be signed by individuals at age 18 and above.  Nonetheless, in most states, if a minor makes a contract and then honors it after turning 18, the contract is valid and can no longer be annulled.  Additionally, all contracts are associated with a certain responsibility or obligation for every party to carry out by good faith.  Meaning, every person involved in the business contract must deal with all fair and honest execution under the agreed conditions and circumstances; in order to serve a common purpose based on the agreement.  On the other side of the coin, courts find “bad faith” when one party does something that evades the spirit of the agreement or violates community standards of fairness and reasonableness. Typically, it is very important to understand that all contracts contain an unwritten good faith requirement, because it shows that a small claims judge often will not find in favor of a party who sues based on a highly technical manner.  However, it is obviously unfair or unreasonable interpretation of contract language. For illustration purposes, if B agrees to landscape A’s yard in two weeks, but on the late afternoon does not able to finish it because she is called to the bedside of a sick child, a court will not agree with A’s contention that he does not have to pay for any of the work because B technically missed the 14-day deadline. Instead, a judge will almost surely rule that A’s duty to carry out the agreement in good faith requires him to allow B to finish the job even a few days late.

(http://www.nolo.com/legal-encyclopedia/free-books/small-claims-book/chapter2-3.html)

Correspondingly, there are common contract rules or principles that will help you to understand whether the contract you are going to sign on is valid or not.  Foremost, a gift is not a contract, for a simple reason that the recipient of the gift has not promised to do anything in return.  In other way around, an enforceable contract absolutely depends on an exchange or a promise to exchange something of value, such as money for services.  For example: Nicole tells Julius she is financially in need, so Julius promises to give Nicole ,000 in the second week of October. But, Steve changes his mind, because he decides he doesn’t like Nicole after all. Can Nicole sue Julius for the ,000?  This is not a contract, because Nicole has not promised to do anything for Julius in return for his promise to make a loan.  Julius had only said that he would give Marcia a gift in the future. A promise to make a gift is not an enforceable contract because there is no reciprocal promise or “quid pro quo,” or “consideration” involved.

(http://www.janetjennersuggs.com/case-trial-expertise-cases.html)

Another thing, a loan is indeed a contract. In the contrary to a gift; a promise to make a loan is a valid agreement or contract.  It is simply because each party provides something of value to one another.  For the lender agrees to lend the borrower the money, so as to the borrower agrees to pay back the   money   borrowed.  Moreover, a contract of exchange products, services or money is a contract.   The most usual type of contract occurs when E agrees to pay money to F in exchange for E agreeing to work or provide E with valuable goods.    One more illustration, Cleo promises to pay Anne 0 on November 15 in exchange for Anne’s promise to tutor Cleo’s daughter.  This is actually valid contract because each party has promised to do something for the other.  If Cleo fails to pay Anne On November 15 for her tutorial fee, then Anne can go to court and sue Cleo for breach of contract. As a final note, in court, you’ll need to convince the judge that the contract existed. If the contract is in the form of writing, bring it to court. If it is oral, be prepared to prove its existence through witnesses and circumstantial evidence.   You must be creative and convincing  enough–if you lent money to someone or  a debtor  by issuance of  a check, you can bring  a copy of the check;  along with your own testimony that the borrower promised to repay you, this should be all you need to establish the existence of a contract.

(http://www.janetjennersuggs.com/case-trial-expertise-cases.html)

References:

http://www.nolo.com/legal-encyclopedia/free-books/small-claims-book/chapter2-3.html

http://www.janetjennersuggs.com/case-trial-expertise-cases.html

 

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