Breach of Contractual Relationships & Remedies

This essay discusses breach of contractual relationships and remedies in business law. It includes a case scenario and explores probable remedies, legal positions, and advice for Samantha. The study material provides a comprehensive understanding of the topic.

Business
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Table of Contents
Introduction......................................................................................................................................1
Part 1................................................................................................................................................1
Breach of Contractual Relationships & Remedies...........................................................................1
Case Scenario.........................................................................................................................1
1. Probable remedies.........................................................................................................1
2. What will be the response in case Samantha paid £200 to Raymond...........................2
3. What can be legal position in case Raymond have requested £400 payment like final
settlement................................................................................................................................3
4. Advice for Samantha.....................................................................................................4
Conclusion.......................................................................................................................................4
References........................................................................................................................................5
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Introduction
Business law refers to corporate or commercial law that can be applied to relations, rights
along with conduct of businesses and persons that are engaged within merchandising, sales, trade
and commerce. This is regarded as branch that is associated with civil law that is accountable for
dealing with both public as well as private laws (Barth and et. al., 2020). Such kind of laws
renders organisation with concrete framework for rendering their functionalities in legal way.
Ethics denotes rule along with regulations that will enable firm within making it a better working
place through which it will become easy for employees to have a healthy environment. The
scope of law is wide and nature covers business environment as well as make relevant
improvisations within the same. In this essay, emphasis will be laid on nature of breach of
contract along with remedies associated with this. In addition to this, case scenario will be
illustrated that comprises of different questions that will be answered appropriately.
Part 1
Breach of Contractual Relationships & Remedies
Case Scenario
Raymond is working like part time accountant within the organisation in taxation
department and they hold up small consultancy business as well as are the sole owner. They have
attained specialised training within personal taxation advice. In addition to this, as per the
scenario the contract has occurred with Samantha (struggling artist) and the contract has agreed
for preparation of theft that has occurred within the last three years with sum of £800. According
to Raymond’s contract when work is completed then Samantha have to pay a debt of £200. The
paintings that were made by Samantha are sold at high price that is £20,000. Now Raymond is
looking forward to claim balance that is remaining of £600 from Samantha.
1. Probable remedies
Contract laws are critical laws that have been formulated in between two individuals or
firms for making sure that all the monetary transactions are carried out within the appropriate
way. Such kind of laws forms the basis of agreement among two parties. In case of contract law,
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there is a probability that breach might take place if any party violates any kind of rules along
with regulations in between the contract that has been occurred among them (Bernacchio, 2019).
A remedy denotes the laws that are being rendered so that claims along with compensation can
be attained over them. According to the contract laws, there are certain remedies related with
contract law, they are illustrated beneath:
Damages: This implies kind of remedy that is being offered in case if breach of contract
occurs when two parties when agreed on certain conditions. According to this, remedy certain
rewards are given and this takes place in the form of money as well as this is referred to as
compensation. This is rendered when breach occurs against the party (Harper, 2019). Along with
this, the major rationale is to place party that have placed injury over position that are taking
place via contract.
Repudiation: This remedy is being given for breach where certain situations are present.
This involves getting the contract to end.
Rescission equitable: This remedy is rendered by judges with reference to directions that
are being issued by them whenever any judgement is made. Rescission is accountable for making
sure that parties when makes pre-contractual positioning, it becomes important to reveal when
contract is illustrated. This aids within gaining outcomes via vitiation of different factors.
Specific performance: According to this, the equitable remedies are made available via
direction upon certain judgements. In this context, orders are being made via court by single
party for performing obligations associated with the contract that have not been carried out yet.
From the above scenario, it has been analysed that the bill of near around £200is being
paid like a complete debt settlement as well as cheque is being accepted via Raymond like
complete settlement. According to the statement, the payment has been accepted by the latter and
therefore any kind of remedy must not be issued related with accepting contract. In case, if £200
is not being paid then breach of contract might have taken place and thereby remedy can be
applied.
2. What will be the response in case Samantha paid £200 to Raymond
In case if Samantha has paid £200 to Raymond three week earlier as well as agreement
must have been made over a certain frame of time. In such kind of situations, null void situation
may occur as per the money that is being accepted or paid. Thus, this means that there might be
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contract of breach. With reference to this case, the remedy takes place in the form damages along
with this can be regarded as law of torts (Jabbar and et. al., 2018). Case law that is associated
with the given scenario is Addi vs Gramophone and according to the case scenario, the claimant
was hired like a manager by the defendant. In such kind of contract breach has occurred, here
within the time frame when latter was delivering their liabilities as a manager a new manager
was to acquired to replace him. Thus, claim was made against the breach that has been taken
with reference to damage that have been reflected by different circumstances that lead to
dismissal probable. This was further held up by the court that law seeks both the parties who
were involved within the agreement in position that was there before the contract occurred
between them. In addition to this, court held up restricted wages along with loss of commission
with reference to contractual agreement for the certain notice period. In such kind of situations,
no exemplary damages will be claimed via parties over their reputation within the contract
irrespective of its kind. Furthermore, this will be auctioned under the law of tort.
3. What can be legal position in case Raymond have requested £400 payment like final
settlement
According to the scenario, damages have been utilised like a means for having an amount
that can be claimed on reflecting distinct losses that have been occurred due to any kind of
breach. Such kind of loss comprises of reliance loss, disappointment, bargain, inconvenience and
discomfort with reference to future perspectives. So with reference to this situation, reliance loss
has been adopted as involves complexity over certain position must be claimed that will make it
probable for recovering expenses with reference to contract (Michaelson, 2020). The case law
for justifying this situation is Anglia television vs Reed and according to this, Anglia televisions
was making Oliver Reed who was playing the important role within the television play. In
addition to this, Reed has pulled out Anglia but as such no replacement was found for that
peculiar role. This lead to abandonment of play due to which the expenses that took place and
this amounted to near around £2,750. With reference to this, this was held damages that seeks to
put on the parties in distinct positions might have contract that will be carried out by parties
those were elected for making claims associated with the recovery of expense that have taken
place in the abortive transactions. This is the major reason that Anglia was able to carry out
recovery of the expenses while being defendant.
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4. Advice for Samantha
The suggestion that is being to Samantha and the one that she must utilise for protecting
herself under the situation that is counter offer. This implies that offer can be made by her on the
contract that has been taken place for being null void. Along with this, it will need the payment
of around £200 more as well as making the situation valid for distinct terms that are present
within the existent contract. This will make san affect son destroying the original offer which no
longer prevails on the one that is being accepted (West and Buckby, 2020). Significant case law
is accountable for justifying the entire situation that is Hyde vs Wrench according to the case
defendant have offered to sell the farm at the price of around £1,000. In this situation, the
claimant has opted to offer £950 but this amount was not agreed upon by the defendant.
Therefore, claimant sought to over bring action in accordance to the performance. Court have
held that the counter offer was made that lead to destroy the original contract over the offer and
this was further accepted. This situation will assist Samantha where they can null the original
contract as well as the payment of two hundred euro will also be validated.
Conclusion
From the above report it can be concluded that contract law aids both business laws along
with ethical laws to attain significant amount of profits by also emphasising on delivering
healthy environment. Furthermore, different remedies have been illustrated with reference to the
contract that has been provided. In addition to this, emphasis is made on explaining the situation
with the usage of examples in order to attain precise results with reference to the scenario. At last
Samantha is being given advice in context of counter offer over the contract that already existed.
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References
Books and Journals
Barth, J.R and et. al., 2020. Cryptocurrency valuation and ethics: a text analytic
approach. Journal of Management Analytics. 7(3). pp.367-388.
Bernacchio, C., 2019. Pope Francis on conscience, gradualness, and discernment: Adapting
Amoris Laetitia for business ethics. Business Ethics Quarterly. 29(4). pp.437-460.
Harper, P.T., 2019. The symbolic imagination: Plato and contemporary business ethics. Journal
of Business Ethics. pp.1-17.
Jabbar, S.F.A and et. al., 2018. Business Ethics: Theory and Practice in an Islamic Context.
In Regulations and Applications of Ethics in Business Practice (pp. 257-271). Springer,
Singapore.
Michaelson, C., 2020. How a catchy bass line might someday resonate beyond my business
ethics classroom: Rock music in management learning. Management Learning.
p.1350507620969504.
West, A. and Buckby, S., 2020. Ethics education in the qualification of professional accountants:
Insights from Australia and New Zealand. Journal of Business Ethics. 164(1). pp.61-80.
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