Read and summarize chapter 25 of Biz Law in at least 300 words.\u00a0 <\/p>\n
\u00a0 <\/p>\n
25.1 Award of Damages
The \u00a0law \u00a0on \u00a0remedies \u00a0for \u00a0breach \u00a0of \u00a0contract \u00a0is \u00a0contained \u00a0in \u00a0both \u00a0the \u00a0common \u00a0law \u00a0and \u00a0under \u00a0Statute \u00a0
to \u00a0provide \u00a0the \u00a0particular \u00a0remedy \u00a0of \u00a0damages \u00a0and \u00a0determining \u00a0the \u00a0award \u00a0of \u00a0damages. \u00a0Irrespective \u00a0of \u00a0
whether the plaintiff seeks some remedy or redress under the common law, or any of the jurisdictions
company \u00a0protection, \u00a0and \u00a0trade \u00a0legislation \u00a0it \u00a0depends \u00a0on \u00a0whether \u00a0the \u00a0contract \u00a0is \u00a0regulated \u00a0under \u00a0the \u00a0
common law or under statute. Any claim that involves a breach of contract will generally be dealt with
under the rules of common law for a breach of either a condition, warranty or an act of repudiation.
If the innocent party is to be awarded damages as well as a right to terminate the contract is normally
dependant \u00a0on \u00a0the \u00a0serious \u00a0of \u00a0the \u00a0breach. \u00a0Also, \u00a0in \u00a0respect \u00a0to \u00a0claims \u00a0involving \u00a0vitiating \u00a0factors, \u00a0such \u00a0as \u00a0
misrepresentation, duress and undue influence the common law will apply in this instance and the normal
remedy \u00a0is \u00a0the \u00a0equitable \u00a0remedy \u00a0of \u00a0rescission. \u00a0In \u00a0respect \u00a0to \u00a0contracts \u00a0that \u00a0involve \u00a0the \u00a0sale \u00a0of \u00a0goods \u00a0or \u00a0
services \u00a0they \u00a0are \u00a0normally \u00a0regulated \u00a0under \u00a0statute, \u00a0and \u00a0they \u00a0will \u00a0provide \u00a0a \u00a0remedy \u00a0under \u00a0the \u00a0relevant \u00a0
statute, \u00a0based \u00a0on \u00a0the \u00a0type \u00a0of \u00a0contract \u00a0and \u00a0the \u00a0nature \u00a0of \u00a0the \u00a0dispute, \u00a0the \u00a0parties \u00a0to \u00a0the \u00a0dispute \u00a0and \u00a0the \u00a0
nature of the dispute. By looking at these three factors it will be determined whether the contract will be
regulated under any provisions in respect to trade and fair trade, sales of goods or consumer protection
legislation in providing a remedy to the injured or innocent party under the contract.
25.2 Remedy of Damages
In \u00a0respect \u00a0to \u00a0remedies \u00a0for \u00a0breach \u00a0of \u00a0contract, \u00a0the \u00a0general \u00a0rule \u00a0is \u00a0that \u00a0damages \u00a0are \u00a0compensatory. \u00a0An \u00a0
award of damages is a sum of money that is paid to the innocent party who has suffered a loss as a direct
consequence \u00a0of \u00a0a \u00a0breach. \u00a0Damages \u00a0are \u00a0compensatory \u00a0in \u00a0that \u00a0as \u00a0far \u00a0as \u00a0is \u00a0possible, \u00a0the \u00a0money \u00a0awarded \u00a0
seeks \u00a0or \u00a0aims \u00a0to \u00a0put \u00a0the \u00a0innocent \u00a0party \u00a0in \u00a0the \u00a0same \u00a0position \u00a0that \u00a0they \u00a0would \u00a0have \u00a0been \u00a0if \u00a0the \u00a0breach \u00a0
had not occurred and is fundamentally main aim or objective of an award of damages.
In contrast to the equitable remedy of rescission, damages are assessed and awarded at the time of the
actual breach and do not provide any form of compensation for the services that have been consumed
or used. Therefore, it is in this sense that damages are viewed as looking to the future because what they
are \u00a0aiming \u00a0to \u00a0do \u00a0or \u00a0want \u00a0to \u00a0actually \u00a0achieve \u00a0by \u00a0an \u00a0award \u00a0of \u00a0damages \u00a0is \u00a0to \u00a0attempt \u00a0to \u00a0compensate \u00a0the \u00a0
innocent party with a sum of money for the loss of the bargain under the contract that was entered into
with the other defaulting party and must be reasonable and not too remote (remoteness of damage).
Download free eBooks at bookboon.com<\/p>\n
Read and summarize chapter 26 of Biz Law in at least 300 words.\u00a0 <\/p>\n
\u00a0 <\/p>\n
26.1 Equitable Remedies
There are two main equitable remedies for breach of contract:
\u2022 Specific Performance; and
\u2022 Injunction.
Unlike the common law remedies which lie as of right to the injured party, both of these remedies are
discretionary; \u00a0and \u00a0the \u00a0court \u00a0is \u00a0not \u00a0obliged \u00a0to \u00a0award \u00a0them \u00a0even \u00a0where \u00a0breach \u00a0is \u00a0established. \u00a0Equitable \u00a0
damages may also be available in some specific cases.
Download free eBooks at bookboon.com<\/p>\n
Business Law \u2013 Now! \u00a0
Part I317
Types of Remedies
26.1.2 Specific Performance
Specific performance is an order directing the breaching party to perform the contract in the way specified
by the court. It will only be ordered if damages will not provide adequate compensation and will not be
awarded in relation to contracts of personal service as the courts cannot determine whether the agreed
promise had been properly performed, or any other situation where the contract would require constant
supervision by the court. Specific performance is also not available where a contract has actually come
to an end but where there were obligations under the contract that should have been performed during
the term of the contract. In cases where common law damages are not an adequate remedy, especially
in \u00a0respect \u00a0to \u00a0contracts \u00a0of \u00a0land \u00a0and \u00a0contracts \u00a0where \u00a0the \u00a0subject \u00a0matter \u00a0is \u00a0valuable \u00a0and \u00a0unique, \u00a0such \u00a0as \u00a0
a rare piece of artwork, then the equitable remedy of specific performance would be the more suitable
remedy as the Court holds that damages would be inadequate compensation in this situation.
26.1.3 Injunction
An \u00a0injunction \u00a0is \u00a0based \u00a0on \u00a0equity \u00a0and \u00a0is \u00a0a \u00a0discretionary \u00a0court \u00a0order \u00a0which \u00a0has \u00a0the \u00a0power \u00a0to \u00a0restrain \u00a0
a \u00a0person \u00a0from \u00a0doing \u00a0a \u00a0certain \u00a0act \u00a0such \u00a0as \u00a0breaching \u00a0a \u00a0contract \u00a0and \u00a0consist \u00a0of \u00a0a \u00a0number \u00a0of \u00a0types \u00a0of \u00a0
injunction. \u00a0An \u00a0injunction \u00a0is \u00a0a \u00a0direction \u00a0to \u00a0a \u00a0party \u00a0not \u00a0to \u00a0do \u00a0something, \u00a0such \u00a0as \u00a0to \u00a0not \u00a0to \u00a0persist \u00a0with \u00a0
a \u00a0contractual \u00a0breach. \u00a0In \u00a0this \u00a0context, \u00a0an \u00a0injunction \u00a0is \u00a0an \u00a0order \u00a0that \u00a0restrains, \u00a0that \u00a0is, \u00a0prohibits \u00a0a \u00a0party \u00a0
from breaching its contractual obligations and duties.
An injunction is not given in all situations, and is not given where, for example, the plaintiff has been
guilty \u00a0of \u00a0delay, \u00a0or \u00a0the \u00a0plaintiff \u00a0is \u00a0in \u00a0breach \u00a0of \u00a0his \u00a0or \u00a0her \u00a0legal \u00a0obligations \u00a0under \u00a0the \u00a0valid \u00a0and \u00a0legally \u00a0
enforceable contract. Sometimes, when a court does grant an Injunction, it is often criticized for having
indirectly forced the party who is breaching the contract to specifically perform the contract even though
the court had made no order with respect to specific performance.
However, where damages or specific performance is not an appropriate remedy, the court will grant an
injunction and it may be:
\u2022 Prohibitory \u2013 preventing the contract from being actually breached;
\u2022 Mandatory \u00a0\u2013 \u00a0requiring \u00a0the \u00a0person \u00a0who \u00a0attempted \u00a0to \u00a0breach \u00a0the \u00a0contract \u00a0to \u00a0perform \u00a0some \u00a0
contractual obligation under the contract;
\u2022 Interlocutory \u2013 where it freezes or puts a \u2018temporary hold\u2019 on the status quo between the parties
until the dispute can be heard by the Court. <\/p>\n
\u00a0 <\/p>\n","protected":false},"excerpt":{"rendered":"
Read and summarize chapter 25 of Biz Law in at least 300 words.\u00a0 \u00a0 25.1 Award of Damages The \u00a0law \u00a0on \u00a0remedies \u00a0for \u00a0breach \u00a0of \u00a0contract \u00a0is \u00a0contained \u00a0in \u00a0both \u00a0the \u00a0common \u00a0law \u00a0and \u00a0under \u00a0Statute \u00a0 to \u00a0provide \u00a0the \u00a0particular \u00a0remedy \u00a0of \u00a0damages \u00a0and \u00a0determining \u00a0the \u00a0award \u00a0of \u00a0damages. \u00a0Irrespective \u00a0of \u00a0 whether the […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[1],"tags":[13],"class_list":["post-71083","post","type-post","status-publish","format-standard","hentry","category-research-paper-writing","tag-management"],"_links":{"self":[{"href":"https:\/\/papersspot.com\/blog\/wp-json\/wp\/v2\/posts\/71083","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/papersspot.com\/blog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/papersspot.com\/blog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/papersspot.com\/blog\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/papersspot.com\/blog\/wp-json\/wp\/v2\/comments?post=71083"}],"version-history":[{"count":0,"href":"https:\/\/papersspot.com\/blog\/wp-json\/wp\/v2\/posts\/71083\/revisions"}],"wp:attachment":[{"href":"https:\/\/papersspot.com\/blog\/wp-json\/wp\/v2\/media?parent=71083"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/papersspot.com\/blog\/wp-json\/wp\/v2\/categories?post=71083"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/papersspot.com\/blog\/wp-json\/wp\/v2\/tags?post=71083"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}