Ads
related to: breach of express term contract examples
Search results
Results from the WOW.Com Content Network
The test is that set out for repudiatory breach, above. The concept of fundamental breach as a free standing legal concept no longer has any legal force [26] but is now simply another possible term of a contract that needs to be construed like any other term of a contract. A fundamental breach is usually read as a reference to a repudiatory ...
In English law, this principle was established in the case of Spring v NASDS, [20] in the context of a trade union membership contract. Clear expression: The term must be capable of clear expression. No specific technical knowledge should be required. Consistency: The implied term may not contradict an express term.
United States Naval Institute v. Charter Communications, Inc., 936 F.2d 692 (Second Cir. 1991) is a case discussing the extent and nature of contract damages. Damages for breach of contract are generally to provide damages for the injured party's loss; an injured party is not awarded damages based on the breaching party's gain. Snepp v.
Most U.S. jurisdictions view the breach of the implied covenant of good faith and fair dealing solely as a variant of breach of contract, in which the implied covenant is merely a "gap-filler" that expresses an unwritten contractual term that the parties would have included in their contract had they thought about it. [3]
whether terms are implied into the contract; what controls are placed on unfair terms; The terms of a contract are the essence of a contract, and tell the reader what the contract will do. For instance, the price of a good, the time of its promised delivery and the description of the good will all be terms of the contract.
Terms implied "in law" are confined to particular categories of contract, particularly employment contracts or contracts between landlords and tenants, as necessary incidents of the relationship. For instance, in every employment contract , there is an implied term of mutual trust and confidence , supporting the notion that workplace relations ...
In a contract for ‘new Singer cars’ the clause was ‘all conditions, warranties and liabilities implied by statute, common law or otherwise are excluded.’ One car delivered was used. Greer LJ noted they were probably trying to avoid Wallis but the defendants had forgotten about express terms. Here an express term was broken.
"Unless the contract makes it clear, either by express provision or by necessary implication arising from its nature, purpose, and circumstances…. that a particular stipulation is a condition or only a warranty, it is an innominate term, the remedy for a breach of which depends upon the nature, consequences, and effect of the breach."
Ads
related to: breach of express term contract examples