When a breach of contract occurs, there must be a remedy of damages. This is the payment in one form or the other for a breach of contract by the breaching party, to the non-breaching party. There are various kinds of remedies, which include; Compensatory damages, Punitive damages, and Liquidated damages. In the law of contract, when a breach of contract occurs, the non-breaching party has to do all he/she can in order to minimize the damages caused by the breach. However, some contracts contain provisions that specify a certain sum of money that is payable by the breaching party incase he/she fails to perform his/her duties as required by the contract signed. This sum of money paid for a breach of contract is known as, liquidated damages. The liquidated damages payable after a breach of contract are based on a reasonable estimate of the value of the promised performance, in the breached contract. The identified parties of the contract always spell out liquidated damages earlier in a contract. Damages are liquidated in a contract if; the amount is reasonable, and considers the anticipated harm caused by the contract breach, if there is difficulty in proving the loss, and if, there is a difficulty of finding another adequate remedy for the breach of contract. Secondly, damages in a contract are liquidated if the injury is uncertain or is difficult to quantify. In addition, the damages are supposed to be structured to function as damages, and not as a punishment. If the above is not met, a liquidated damage will be considered as null, and void. On the other hand, liquidated damages may not apply after a breach of contract if the liquidated damages clause was not included in the formation, and before signing the contract. In addit... ... middle of paper ... ...entered into contract, in case there is a breach of contract. Works Cited Goetz, Charles J. And Scott, Robert E. Liquidated Damages, Penalties and the Just Compensation Principle: Some Notes on an Enforcement Model and a Theory of Efficient Breach. Columbia Law Review, 7.4 (1977): 554-594. Print. David, Brizzee. 1991. "Liquidated Damages and the Penalty Rule: A Re-assessment." Brigham Young University Law Review 34. 4 (1991): 1613. Print. Calamari, John D., and Perillo, Joseph M. Contracts. St. Paul, Minn.: West, 1987. Print. Daniszewski, Robert M., and Jeffrey W. Sacks. 1990. "One View Too Many." Boston Bar Journal 34Apr. 1990: 34. Print. Weiller, K. H. Rev. of Sport, Rhetoric, and Gender: Historical Perspectives and Media Representations, ed. Linda K. Fuller. Choice Apr. 2007: 1377. Print. Johnson, Mark J. Liquidated Damages. Business Credit 104. 3 (2002): 68
In my opinion, if the jury in this case subtracted the contractual claims against the profits, they would have arrived at different damage/entitlement amounts. My guess is Main Line would have been entitled to much less than what was awarded in this case.
Suppose that the contract had no liquidated damages provision (or the court refused to enforce it) and X Entertainment breached the contract. The breach caused the release of the film to be delayed until the fall. Could Bruno seek consequential (special) damages for lost profits from the summer movie market in that situation? Explain. P.223-224
There can be no question that sport and athletes seem to be considered less than worthy subjects for writers of serious fiction, an odd fact considering how deeply ingrained in North American culture sport is, and how obviously and passionately North Americans care about it as participants and spectators. In this society of diverse peoples of greatly varying interests, tastes, and beliefs, no experience is as universal as playing or watching sports, and so it is simply perplexing how little adult fiction is written on the subject, not to mention how lightly regarded that little which is written seems to be. It should all be quite to the contrary; that our fascination and familiarity with sport makes it a most advantageous subject for the skilled writer of fiction is amply demonstrated by Mark Harris.
Cross, Frank B., and Roger LeRoy Miller. "Ch. 13: Strict Liability and Product Liability." The legal environment of business: text and cases, 8th edition. Mason, Ohio: Cengage Learning Custom Solutions, 2012. 294-297. Print.
Washington Law Review, Vol. 86, Issue 4 (December 2011), pp. 841-874 Barnum, Jeffrey C. 86 Wash. L. Rev. 841 (2011)
Liability in restitution with disgorgement of profit is an alternative to liability for contract damages measured by injury to the promisee.” (2011)
Billings, A., Angelini, R. & Duke, A.. Gendered profiles of Olympic History: Sportscaster Dialogue at the 2008 Beijing Olympics. Journal of Broadcasting & Electronic Media,2010. Volume 54, Issue 1, p. 23.
In sporting activity participation and televised sports, there is a noticeable difference between male and female interest and involvement. In the article Center of Attention: The Gender of Sports Media Michael A. Messner discusses the issues that involve all aspects of sports strictly being a man’s affair. Messner expresses ideas that men are not only the forefront of sports participation, but sports media as well. A point is made in the article about the leaders in sports being those who are the most aggressive. This point is the reasoning behind why men are the superior figures in sports. The aggressiveness of men causes there to be more interest into male sporting activity which makes men a dominant figure in sports.
Oct 1993. Retrieved November 18, 2010. Vol. 79. 134 pages (Document ID: 0747-0088) Published by American Bar Association
"Preamble | LII / Legal Information Institute." LII | LII / Legal Information Institute. Web. 26 Sept. 2011. .
The Web. 31 Mar. 2014. The 'Standard' of the 'Standard'. Duncan, Margaret C., and Nicole Williams. "This Revolution Is Not Being Televised" Out of Play: Critical Essays on Gender and Sport. By Michael A. Messner, Ph.D. Albany: State University of New York, 2007.
Considerable effort has been expended in attempts to identify the purpose of the law of torts. However, the range of interests protected by the law of torts makes any search for a single aim underlying the law a difficult one. For example, actions for wrongful interference with goods or trespasses to land serve fundamentally different ends from an action seeking compensation for a personal injury. Nevertheless, following the research I have carried out the fundamental purpose of the law of torts is to achieve compensation and appeasement and to obtain deterrence and justice, in order to determine the conditions under which certain losses may be shifted to persons who created the risks which in some way led to the losses. In doing so, the law of torts attempts to balance the utility of a particular type of conduct against the harm it may cause. During the course of this essay I will discuss each function separately and I will investigate how each function achieves its individual resolution of a tort.
Whether its baseball, basketball, soccer, hockey, or tennis, sports is seen all over the world as a representation of one’s pride for their city, country, and even continent. Sports is something that is valued world-wide which has the ability to bring communities together and create different meanings, beliefs and practices between individuals. Although many people may perceive sports to have a significant meaning within our lives, it can also have the ability to separate people through gender inequalities which can also be represented negatively throughout the media. This essay will attempt to prove how gender is constructed in the sports culture while focusing on female athletes and their acceptance in today’s society.
person injured therein, for the recovery of civil damages as a result of any act or omission
A contract is an agreement between two parties in which one party agrees to perform some actions in return of some consideration. These promises are legally binding. The contract can be for exchange of goods, services, property and so on. A contract can be oral as well as written and also it can be part oral and part written but it is useful to have written contract otherwise issues can be created in future. But both the written as well as oral contract is legally enforceable. Also if there is a breach of contract, there are certain remedies for that which are discussed later in the assignment. There are certain elements which need to be present in a contract. These elements are discussed in the detail in the assignment. (Clarke,