Quiz 13: Breach and Remedies
Compensatory Damages : With respect to compensatory damages, a defendant is accountable to an accuser for all consequences of the defendant's illegal act. Consequential Damages: consequential damages are those types of compensatory damages that may be granted when the loss agonized by a plaintiff isn't produced immediately by the unlawful conduct of an offender. Consequential damages are placed on the causing harm to the accuser's career. They aren't based on the damage itself that was the direct effect of the offender's conduct. Nominal Damages : generally, such damages are recoverable by a accuser who effectively establishes that he/she has agonized a damage caused by the unlawful conduct of an offender, but can't offer proof of a loss which can be compensated. Courts award Nominal Damages : the claims of such damages in contracts are very rare. Because, most breaches of an agreement usually results in any form of financial damage to the non-breaching party.
Liquidated damages: Liquidated damages are the sum mentioned in the contract which is considered to be the appropriate amount in the situation when the contract is subjected to a violation. Liquidated damages generally are enforceable. The two important considerations regarding Liquidated damages are: • Is the amount of liquidated damages excessive or reasonable? • At the time of entering into the contract was it assumed that the damages would be problematic to approximate? In the present case the answer to both of the above is in the affirmative due to which Mr C can enforce the contract as Willard has violated the contract.
, he should be abide by the law and it is his duty to complete the task as soon because his contract stated that he has to complete the work or shall have to pay a retention to the company of $1 million. , the court will enforce only when it would be intentionally otherwise it wouldn't work because of the terms and conditions of the contract. It was clearly mention in the contract that if he will injured during the stunt, the firm will pay for nominal damages only. $1 million is a penalty of not doing work in given span of time. The firm's main target is to capture the summer market but if it would be failed because of stuntman than he has to fulfill the loss and the penalty would be $1 million. , Mr. B will get an extra amount for the damages and loses in such situation. As per the contract between both of the parties the movies should be finished by the starting of summer by which they can earn plenty of money. It was also stated in the contract that if anyone of them will breach the contract other party have to pay for the losses.
There is no answer for this question