Legal Remedies for Winning Breach of Contract Plaintiffs

Contracts

Legal Remedies for Winning Breach of Contract

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Executive Summary

Contracts are at the heart of every transaction we do . They exist and bind us regardless of whether we are aware of its existence or not They also presuppose a promise or an obligation which must be complied with ( Contracts ) Courts have the sacred duty to enforce a valid and binding agreement between two parties . This is for the protection of all business protections which confirms that contracts are sacred between the parties

. They are the law between the contracting parties .Though contracts are as a matter of public policy enforced by the courts , it does not follow that every party who goes to court to suit for breach of contract is able to recover . Contracts , which are governed by Common Law and statutes , e .g . Uniform Commercial Code United Nations Convention on Contracts For International Sale of Goods and Restatement of the Law Second , Contracts , require that the agreement must not only be valid and binding but it must also be enforceable in court ( Contracts and the Law ) It does not suffice that a contracting party was injured by the non-fulfillment of the contract but he must also establish that the requirements set forth by common laws and statutes are all complied with . Thus , not every injured party is able to recover in suits for breach of contract

This term deals with the legal remedies that are available to the contracting parties in case of breach of the contract . The purpose of this is to serve as guidelines to parties contemplating to a suit in court . I have cited herein the principles of law and the cases previously decided by the courts which deal with the law on contracts .Table of Contents

Executive Summary 2

Thesis /Statement of the Problem 4

Introduction 4

Research Findings 5

A ) Defenses Available in Breach of Contract

B ) Legal Remedies Available in Breach of Contract

Conclusion /Recommendation 10

References 12

Thesis /Statement of the Problem

The existing laws on contracts are complex . There are a number of statutes and treatises which govern all business transactions . An ordinary layman will need the guidance of a lawyer to advise him of the intricacies of contract dealings . When a contract of breach , the injured party will have to contemplate on the following questions : A ) In case of contracts between two parties situated in different countries where should the complaint be valid ? B ) Is the contract valid and binding ? C ) Is the contract enforceable in court ? D ) Does the contract have sufficient consideration ? E ) What remedies are available to the plaintiff ? F ) What are the defenses available to the defendant ? G ) How will the plaintiff be able to recover from the defendant

Introduction

Contracts are at the heart of all commercial transactions . They are of fundamental importance not only to sellers and buyers but even among students , teachers , employees . Contracts exist and will bind us even if we are...