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Contractual Issues, Breach of Contract and Remedial Measures - Assignment Example

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This paper discusses a contract is a legally enforceable binding on one or more parties mentioned in the agreement executed for the performance of the specific assignment. The salient feature of the contract is one who draws it and the other accepts it…
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Contractual Issues, Breach of Contract and Remedial Measures
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Download file to see previous pages As per the common law of Australia, contractual obligations are mutually agreed upon by the party or parties signed the contract. This is considered to be the mutual consensus of one or more parties. In implied contract or quasi-contract, some of the terms are not expressed in writing. Take the example of an electrician who visits a house for electrification work. The owner of the house is a person who agrees to pay the fee for the services rendered by the electrician. If he/she (owner of the house) refuses to pay the reasonable fee or decided fee, it means that the landlord breached the contract or quasi-contract, thus providing an opportunity to the aggrieved person to knock at the door of a competent court of law for remedy or justice. Following are the important components of a contract (Heffey, et al, 2002):• Party or parties should have the capacity to execute contract• Contract must be lawful• Form of contract must be legal• Party or parties to establish legal relationship• Party or  parties must have consent for the specific performance commercial contract, both the parties have to take into account the following ingredients : In commercial contract, both the parties have to take into account the following ingredients:• Delivery date• Price• Terms of payment• Mode of payment• Date of payment• Items to be delivered• Type of service to be provided without meeting one of the above conditions, an offer of sale does not consider a valid legal offer....
Breach of contract may be actual or anticipatory in nature (Barron, 2006). Here in our case under discussion, Georgia is responsible for not performing her duties to the entire satisfaction of her client. Her action defeats the very purpose of caring pet rabbit and tropical fish of Malcolm. Had she not provided wrong feeds to fish and rabbit the specific task assigned as per the contract would be fulfilled in its true spirit. The negligence in performing the assigned obligations by Malcolm to Georgia attracts damages or monetary compensation from the service provider. This indicates cause of action against Georgia since due to her action, the life of an expensive tropical fish worth thousands of dollars comes to an end although there is a clause in the agreement that Georgia should not be held accountable for “death or illness of tropical fish due to specific vulnerabilities”. Further, the rabbit, an award winning pet animal, may not lose hair due to negligible performance. In accordance with the section 4F entitled “Reference to Purpose or Reason” and section 4K relating to “ Loss or damage to include injury” of Competition and Consumer Act-2010, Malcolm may file damages suit against Georgia for monetary compensation for the losses occurred due to irresponsible attitude of Georgia in the competent court of law. We quote here relevant sections of Competition and Consumer Act-2010 for ease of reference: 4F References to purpose or reason (1) For the purposes of this Act according to Comlaw (2011): (a) That Provision of a contract, arrangement or understanding or of a proposed contract, arrangement or understanding, or a covenant or a proposed covenant, shall be deemed to ...Download file to see next pagesRead More
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