Remedies for Breach of Contract: A Case Study of Raymond and Samantha

This case study explores the remedies available for breach of contract in the case of Raymond and Samantha. It discusses the legal position, advice for Samantha, and the importance of contract laws.

Case Study

Table of Contents
INTRODUCTION ..........................................................................................................................3
MAIN BODY...................................................................................................................................3
Remedies for Raymond...............................................................................................................3
Would your answer be any different if Samantha had paid Raymond the £200 three weeks
earlier than the debt was actually due, and Raymond had agreed to this?..................................4
What would be the legal position if Raymond had requested a £400 payment from Samantha
as full and final settlement?.........................................................................................................4
What advice do you have for Samantha?....................................................................................4
CONCLUSION ...............................................................................................................................5
REFERENCES................................................................................................................................6
Books and Journals:....................................................................................................................6

INTRODUCTION
Business law is the base of following the ethics in the organisation. Without business law
no one can perform better in the organisation as they can be violate nay rules and regulations. It
does not mean that they should just only make some laws and regulations,it is very important for
the top management in the business that they should focus that all rules and regulations should be
properly implement and followed so that no one candidate can breach them. It can be apply on
contracts and agreements because many of the people thought that they can violate anytime.
Breach of contract is the important concept that should be know by each and every person
Broekhuis and Scholten, 2018). It can be legal or illegal that depends on person who breach the
contracts. Breach of contracts occur when one of the party is disagree with continuing the
contract. It is important for organisations because it applicable on each and every contracts that
binds two or more person in agreement. This report covers a case study of Raymond in which
they are affected by breach of contractual relationship and want justice with them. Raymond is
the company that deals in fabric which has headquartered in Mumbai, India.
MAIN BODY
It is very obvious that business law and ethics play a important role in the organisation
contracts and agreements. So that's why it is very important to understand that how breach of
contracts affect the organisation function with the help of Raymond case study. It should be
analysed from the study of business law that how breach of contracts can help through various
kinds of remedies. In breach of contract one party always in loss because of the fraud of another
party so how remedy can be get, it can be better understand with the help of proper deep study of
business laws and contract law that helps to give answers to various types of questions arise. It is
the case of breach of contractual relationship that occur in Raymond and Samantha contracts for
making draft business accounts for Raymond that Samantha breach as she didn't complete
payment that they previously agree when the make a contract. After the newspaper ads in which
Samantha shows the prices of her paintings that read by Raymond, so he went for claiming his
remaining money. There are some remedies that mentioned below for Raymond.
Remedies for Raymond
Remedies are the measure that taken by the party who face losses due to breach of
contract (Kaneko, 2019). It is the activity in which one party claim their right so that they can

recover the losses that occur due to breach of contractual relationship. For breach of contract
cases there are some important remedies that can be undertaken by him. Remedies that are
mentioned below.
Rescission of contract refers to rescind the contract by one party who suffers from
breach of contract by other party. In this remedy the party who suffer from losses that occur due
to breach of contract i.e. The party is entitled to take all benefits or compensation. It is the
contract in which defended party and their opponent fight for their right so that they can take
their benefits. It is the remedy in which judges provided directions to both the parties so that they
can clear about their judgements that is passed.
Sue for damages is a important remedy that can be taken by party who take support from
court that gives right of sue against the party who breach contract. Party can approach to court
for sue the case against the other party so that he can claim his remaining amount i.e. £600.
Because he suffered from monetary damages so he should go for sue against the party who didn't
obliged his duties because court can help for giving all monetary loss to suffered party (Kaulio,
2018).
Specific performance refers to the remedy in which person who breach the contract is
forcing to complete the performance that they left (Nutbrown v Thornton (1805) 10 Ves 159). In
this case it is compulsory for the person who breach the contract.
Repudiation is the important term when the party want their benefits back that was they
not got due to the breach of contract. It is applicable for those parties who have some certain
conditions in their contract.
Above are the important remedies that should be consider by Raymond while he plan to
claim his remaining amount. Remedies are the important things that should be kept in mind by
both parties because it can be applicable only when the party is right and correct. After the brief
analysis, it is analysed that parties should have proper and full knowledge regarding to the breach
of contract that who is the person who was doing wrong thing with whom. It is analysed that
Raymond is not entitled to claim any remedy because he already agree with full and final
settlement (Newaz and et. al., 2019). He already done full and final settlement with Samantha
that means in future he is not able to claim any amount from her. If the payment is not accepted
by Raymond so that they are entitled to take any remedy.

Would your answer be any different if Samantha had paid Raymond the £200 three weeks earlier
than the debt was actually due, and Raymond had agreed to this?
It is analysed that the situation become null and void because if Samantha had paid
Raymond £200 three weeks earlier. In this case, answer could not be same because it does not
affect on the situation. So remedy could not be claimed even after the earlier payment. It is much
related to the case Addis v Gramophone in which claimant was employed as manager by
defendant (POMERANTZ and EHLER, 2018). In this case, the breach of contract occur due to
the appointment of new manger in the time. It is the case where the claimant wanted all damages
that occur due to the breach of contract. Law see the position of both parties in which they judge
that who are right in court and make decisions according to them. So in this case there are no
damages that claimed.
What would be the legal position if Raymond had requested a £400 payment from Samantha as
full and final settlement?
If Raymond had requested a £400 payment from Samantha as full and final settlement
then it creates many types of damages. It include bargain, discomfort or disappointment, reliance
loss, etc. In this case, reliance of loss is applied for recovering of expenses in breaching of
contract (Popoli, 2017). It is just similar to the case of Anglia Television v Reed. In this case,
claimant is Anglia, in which Reed agree to play a leading role in television and subsequently
they abandoned the play that incurs expanses amount of £2,750. It is the case where claimant had
the right where he can receive compensation from defendant. So Raymond is not able to make
full and final settlement again because they already done and, they can do but earlier not now.
What advice do you have for Samantha?
Samantha is the person who was defendant in this case. She should provide all the proofs
and document in the court so that she proof herself innocent in this case. It is not right that after
the full and final settlement the other party is entitle to receive money. Because after the full and
final settlement according to contract laws no one is entitle to take benefits again. It is very
helpful for Samantha that she can use in their favour. It is advice to Samantha that if she wanted
to protect herself then she proofed that the contract become null and void because Raymond had
already accepted £200 in full and final settlement. So now, Raymond has no right to claim from
Samantha. In this case one case is found that show the similarity between Raymond v Samantha
case and Hyde v Wrench. In Hyde v Wrench case, defendant offering to sell farm of £1,000,

where claimant agree with £950 that refused. So this case helps to Samantha that she have null
and void case because of they already done full and final settlement (Santhanam and et. al.,
2017).
CONCLUSION
It is concluded from the above case study, that remedy can be taken only when the
claimant is on right side. It is very clearly seen that contract laws plays a important role in
dealing with the breach of contracts. There are number of cases already happened in the past that
shows the importance of contract laws that why they should be learn so that they can minimise
the problems and issues. That means their claim should be legal and valid so that they can
approach for taking a remedy. Legality is one of the factor that help to claimant for receiving
damages through compensation. This case study gives the brief discussion of types of remedies
that can be undertaken by claimant. It also shows that defendants are not always wrong, it
depends on the situations that their comment is legal or illegal.

REFERENCES
Books and Journals:
Broekhuis, M. and Scholten, K., 2018. Purchasing in service triads: the influence of contracting
on contract management. International Journal of Operations & Production
Management.
Kaneko, Y., 2019. Contract Law in Myanmar: An Outcome of British Colonial Law. In Civil
Law Reforms in Post-Colonial Asia (pp. 21-51). Springer, Singapore.
Kaulio, M. A., 2018. A psychological contract perspective on project networks. Project
Management Journal. 49(4). pp.81-88.
Newaz, M. T., and et. al., 2019. The psychological contract: A missing link between safety
climate and safety behaviour on construction sites. Safety science. 112. pp.9-17.
POMERANTZ, G. D. and EHLER, R. L., 2018. MUNGER, TOLLES & OLSON LLP 560
Mission Street, 27th Floor San Francisco, California 94105-2907 Telephone:(415) 512-
4000 Facsimile:[phone].
Popoli, P., 2017. The Role of the Outsourcing Contract From a Partnership-based Perspective.
Chinese Business Review. 16(6). pp.292-302.
Santhanam, N., and et. al., 2017. Impact of human resource management practices on employee
turnover intentions. Journal of Indian Business Research.