急問Explain the possible remedies for breachof contract.謝謝~

2008-07-29 8:55 am
想請問下一條考試past paper的題目,希望能夠為我解答。
"Explain the possible remedies for breachof contract"
萬二分感激~~

回答 (1)

2008-07-29 5:36 pm
✔ 最佳答案
Remedies are the means of enforcing a right or preventing or redressing a wrong and consist of legal or equitable relief. It protects one or more of a promisee's
• Expectation Interest
• Reliance Interest
• Restitution Interest
First, you should identify the types of breaching of contract and the reasons for it thereof. Normally, you can seek remedies by claiming (1) damage from the other e.g. liquidated damages ( losses, costs etc..) (2) Rescission & Restitution and/or (3) specific performance - to perform the oligations and duties as originally defined in the contract, to adandon the misrepresentation in goods description or terms of the contract, to rectify the terms for some benefit to the other, to deliver the goods to you at a mutual agreed date, etc.. Of course, you have to check to the terms of the Contract itself which can expressly provide for remedies such as• Liquidated damages• Penalties
For more details, please go to the follwoing web-sites which are quire useful.
http://en.wikipedia.org/wiki/Breach_of_contract#Limits_on_Remedies_and_Damages
http://en.wikipedia.org/wiki/Breach_of_contract#Limits_on_Remedies_and_Damages


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