Question

8. (A) Explain and distinguish between the remedies of specific performance and injunctive relief available in a breach of contract dispute providing an example of each.  

Submit a response of at least 50 words.

(B) Explain the purposes of and distinguish between compensatory damages, punitive damages and liquidated damages in a breach of contract case.

Submit a response of at least 50 words.  

Answer 1

Injunctions can be issued as a remedy at the conclusion of a lawsuit, such as a breach of contract claim. This type of injunction is a permanent injunction. Permanent injunctions are issued by a court after hearing a matter, and as a part of the judgment order. A request for injunction can also be filed as its own separate lawsuit. Sometimes a party will file a court request for injunctive relief while the rest of the lawsuit is pending. When the court orders an injunction in this situation, the remedy won't be permanent. Temporary injunctions are usually enforceable immediately, but last for only a short period of time. A temporary restraining order, or TRO, is a common type of temporary injunction. This remedy is used when a party wishes to halt a particular act for a short period of time, usually while the party prepares a more formal lawsuit. These orders typically last a week or ten days. 8 b. Typically the calculation of compensatory injuries depends on the sort of contract that has been breached and the type regarding loss that was received. Some general guidelines usually are: Standard Measure. The common measure of damages is surely an amount that would enable the nonbreaching party to be able to buy a substitute regarding the main benefit that would have got been received in the event the deal had been performed. In instances where the cost of typically the substitute is speculative, typically the nonbreaching party may restore damages inside the amount regarding the cost incurred inside performing that party's commitments under the contract. Deals for your Sale of ltems. The damages are scored by the difference in between the contract price plus the market price when typically the seller supplies the goods, or perhaps when the buyer understands of the breach. the quantity specified can be viewed either as liquidated injuries or penalty. Liquidated injuries: When the amount fixed simply by all parties is a authentic estimate in the loss by simply a future breach regarding contract, then it is usually liquidated damages. Thus, both sides to the contract acknowledge the amount is a new fair compensation for typically the breach. Penalty: In the event the sum fixed by both sides is usually unreasonable or accustomed to push the

performing part of meet the obligation, then that is actually a penalty. In these kinds of cases, the amount is usually disregarded and the enduring party cannot claim even more than the actual damage Q: Peter and David entered into a deal under which Peter claims to offer 100 bags regarding rice to John from Rs 500 each. He or she also promises to supply these bags in a couple of installments of fifty each. He or she delivers the initial batch regarding 50 bags but neglects to supply the next. Will John have to be able to pay for the very first 50 bags? Ans: Sure, according to the Mess Meruit John has to be able to pay for the 55 bags that he provides received despite the fact that Peter offers not performed the entire responsibility Punitive damages can often be released in claims involving: Insurance coverage Bad Faith Violations: whenever an insurance company agreements for any policy, they are usually bound from the "Covenant associated with Good Faith and Reasonable Dealing. " The plan owner pays a premium, plus they are entitled in order to the insurance company's affordable effort to act within good faith. If the particular company acts in poor faith, they may become responsible for punitive damages. Particular Cases Involving Tort/Contract Crossover Issues: if, in the contractual setting, an impartial tort is committed along with intent (as in opposition to negligence) or recklessness, which results in damage punitive damages might be granted. Certain Fraud Cases: this is always based upon the facts of the case, yet any situation where there is purposeful and "egregious" fraud Within most cases, the defendant's conduct needs to become so "severe and egregious" that it can become considered more of a tort situation than a contract problem. That is, the agreement and tort issues are often intertwined in cases producing in punitive damages. A new company that manufactures in addition to distributes dietary supplements ensures customers that their fat loss formula is a risk-free and effective strategy, advertising and marketing the supplement as a possible "all natural, " and entirely safe supplement. Amanda, who else believed the company's promises, took the supplement regarding 30 days before turning into violently ill. Her medical doctors determined that at the very least one in the substances comprised in the supplement acts with a number regarding