Contract Law Assignment: Case Study Analysis - Business Law Module

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Added on  2022/11/24

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Homework Assignment
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This assignment analyzes a contract law case study involving a breach of contract. The scenario involves a contract between Dawn and Scott for the delivery of 10,000 boxes of photocopier paper. Due to Dawn's failure to deliver the goods on time, Scott incurs additional costs to source the paper elsewhere, leading to a claim for damages. The analysis discusses the legal principles of breach of contract and the awarding of damages. It examines whether Scott can legally enforce Dawn to take the machine if the contract has been terminated. The assignment concludes that Scott is eligible to recover the financial loss caused by the breach of contract, and that Scott cannot legally force Dawn to purchase the machine because the contract has been terminated.
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Contract act can be binding agreement between two or more parties
that are interested to have products and services at specific rate or
particular consideration is provided by one individuals to another for
delivering services. In the case, there is contract between the Dawn and
Scott as they have agreed that it would provide 10000 boxes of photocopier
paper by 1 June 2020 in return the Dawn needs to be paid $100000 by the
15 May 2021. But the Dawn was not able to delivered the boxes but it need
urgently thereby he purchased the 10000 boxes from another suppliers for $
105000. Thus because of breach of contract by Dawn, Scott has to incurred
loss of $5000 amount thereby as per the contract act it is eligible for getting
the money or recover the loss.
There are several cases in which breach of contract arise such as
there must be existence of valid contract between the interested parties.
Secondly the plaintiff performance should be effective and defendant must
breach the contract. Fourthly it can be stated that some amount of damage
has been caused to individuals due to breach of contract between the
associated parties (Maher, 2019). Likewise in the case of Dawn and Scott, the
Scott can legally enforce Dawn for pay the loss or damage that has been
caused to him because of breach of contract at end movement (Maher, 2019).
As it has agreed to delivered the 10000 boxes at $100000 till 15 may 2021
that has not been done so has not performed as desired. Therefore, for not
performing its duty as per mentioned in the contract has entitled it to pay
the damage or extra cost/ expense that has to be made by Dawn. So the
award will be compensate to the amount loss or damage has been caused
that is around 5000.
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Question 3
No, the Scott cannot enforce the Dawn to hand own machine in case
the contract has not been terminated till 2 May. Because it has been clearly
mentioned before by Dawn that if it would not been supply the machine till 1
May 2021 then their is no contract exist between the two parties. So if there
is no contract between the two parties related to whether the machine needs
to be exchanged then it cannot legally force Dawn to purchase the same
(Abdullah, 2020). Therefore, as per the agreed terms and condition between
the parties the Scott force Dawn to make purchase of machine as from 1
May onward there has been no valid contract or agreement exist between
the two parties. Thus, clear mentioned term and agreement agreed between
the two parties helps in reducing the chance of conflict and harm or loss
caused to any individuals because of act of others. Hence, as per legal
agreement Scott does not have any right to enforce Dawn to take machine
as there is no legal binding between the parties.
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Maher, F., 2019. An empirical study of exemplary damages in Australia. Melb. UL Rev., 43.
p.694.
Abdullah, N., 2020. Good Faith Under Contract Law. In Good Faith in Contractual Performance
in Australia (pp. 13-45). Palgrave Macmillan, Singapore.
McLauchlan, D., 2019. The limitations on reliance damages for breach of contract. In Research
Handbook on Remedies in Private Law. Edward Elgar Publishing.
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