Naiker Harvard Business Law Case

Improved Essays
1. (a) Going through Naiker’s case, we will be concluding if there is an enforceable contract or there is not an enforceable contract. In Naiker’s case, Ahmad is the offeror and Naiker himself is the offeree. Basically, Naiker somehow developed an interest in playing the piano, and he wanted to purchase a second hand piano for learning purposes. Ahmad knew about it and he decided to post an offer by letter to Naiker to sell his piano on Monday 2 June stating, “Good quality piano for sale $2,500. If you are interested in buying you must write to me.” After posting the letter out, there was a postal strike out of the blue. Hence, The letter only reached Naiker on Thursday 5 June. Naiker was pleased and excited after receiving the offer, and in …show more content…
There are numerous approaches to cure a breached contract, including damages. The sorts of damages are, unliquidated damages, liquidated damages, nominal damages, and special damages. Beginning off with unliquidated damages, it alludes to unascertained harms, whereby the sum will be controlled by court, considering the contract overall and the misfortune maintained by the oppressed party. Liquidated damages allude to pre-estimated harms, which have been settled upon by the party. Such damages are reasonably a typical place today. For instance, if a phone contract of two years is ended before the two-year period, the concurred liquidated sum is payable. Nominal damages allude to an nominal whole ($2) recompensed to the offended party when there is simply a minor or specialized rupture of the agreement. However, the offended party endures no misfortune. By and large, the harmed party is looking for the court's choice instead of payment. Frequently sort of damages is looked for in criticism cases. Furthermore, special damages whereby this remunerates the inquirer for the quantifiable financial misfortunes, which they are seen in both individual and business activities. Different sorts of damages are accessible under equity, for example, specific performance and …show more content…
This equitable remedy requests the breaching party to conform to the terms of the agreement. This implies that the breaching party will be obliged to do whatever the party initially guaranteed to do. The court will consider this alternative when cash harms won't give the guiltless party sufficient remuneration for the breach. Specific performance is most regular in deals contracts. This remedy is in some cases utilized when a deals contract includes something exceptional. An alternate equitable remedy is injunction, which is a cure that precludes a party from a specific demonstration. Note that specific performance and injunction remedies are comparative, yet the key distinction is that specific performance requests a party to do something, and an injunction requests a party not to do

Related Documents

  • Great Essays

    The case of Tommy Takem, the owner of Takem’s Appliances & Electronics, LLC against Sally Walker is one of a mistreated sales contract. When Sally Walker purchased the laptop from Takem’s Applicances & Electronics, she entered into a sales contract in which she promised to pay for the laptop. The specific terms of the contract are unknown, as to the price Sally agreed to pay Takem for the laptop, the time period over which the payments would be made, if the contract was written or oral, and so on. It is even unknown whether the contract is even valid at this point. Assuming that at the time Sally purchased the laptop, both she and Takem came to an agreement on all terms, thus entering into a sales contract.…

    • 2469 Words
    • 10 Pages
    Great Essays
  • Improved Essays

    MACHTINGER v. HOJ INDUSTRIES LTD., [1992] 1 S.C.R. 986 Facts: The appellants, Machtinger and Lefebvre, were employed by HOJ Industries Ltd. from 1978 until their discharge without cause in 1985. Both appellants signed employment contracts for an indefinite period. Machtinger’s contract contained a clause which allowed the respondent to terminate his employment without cause and without notice. Lefebvre’s contract contained a clause which allowed the respondent to terminate his employment with two weeks’ notice.…

    • 657 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    Case 13.3 Kohel v. Bergen Auto Enterprises, LLC Superior Court of New Jersey, Appellate Division, 2013. 2013 WL 439970. Issue: This case involved allegations of breach of contract involving which parties and for what actions?…

    • 508 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    In the Supreme Court case, Roper v. Simmons, Christopher Simmons at the age 17 while in junior in high school murdered a Fenton, Missouri woman Shirley Crook. (Roper v. Simmons, 2005) Simmons committed burglary and murder by breaking and entering, the Crook’s residence and tying up victim Shirley Crook, and throwing her body off a bridge. (Roper v. Simmons, 2005) Simmons advised is accomplice Charles Benjamin and John Tessmer, that they could "get away with it" because they were minors.…

    • 805 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    Unit 3 P1 Bungburys

    • 989 Words
    • 4 Pages

    When a contract is broken the injured party will look to be compensated for this breach, a court will look to compensate them financially or by forcing the other party, if possible, to carry out the contract as agreed in the first place. Frustration of…

    • 989 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    Supreme Court Case Paper

    • 701 Words
    • 3 Pages

    Thesis This paper will discuss the cases of: Weeks v United States, Mapp v Ohio, Gideon v Wainwright and Scott v Harris. This paper will discuss which of these cases was the most important and it has impacted the criminal justice system. Each of these four Cases answered questions that influenced the criminal justice system to a whole new level.…

    • 701 Words
    • 3 Pages
    Improved Essays
  • Great Essays

    Psy 230 Week 4

    • 1820 Words
    • 8 Pages

    This case has multiple issues that need to be discussed and clarified. First of all, Cory advances an advertisement regarding selling his computer. He then affirms that the binding will start according to the date of the acceptance. His first offer comes by email, but encounters some faults that delay its arrival. The email is followed by a fax that counter-offers the initial proposed price.…

    • 1820 Words
    • 8 Pages
    Great Essays
  • Improved Essays

    However, as time goes on, the contractor not only does not produce the sealed document, but also pulls back his promise which is the extension of the owner’s payment date to the owner. Thus, the Court of Appeals implements the rule of equity. Similarly, the case one implements the same principle. Therefore, the information technology firm is not entitled to terminate the contract and it will be equitably estopped. The airline will be successful in suing the information technology firm and deserve a compensation which include the extra cost of the price of hiring another firm to finish the project and any further damages directly due to the breach of…

    • 1169 Words
    • 5 Pages
    Improved Essays
  • Improved Essays

    The Plaintiff never made a valid offer, a commitment with definite and certain terms that was communicated to the offeree, to the Defendant. The Defendant never communicated his acceptance of the offer and its terms to the offeror. There was no consideration, or "bargained-for exchange". Although one party was to give something up, the other party already had a duty to perform his side of the contract. There was not any valid substitute stipulated for consideration of this offer.…

    • 558 Words
    • 3 Pages
    Improved Essays
  • Decent Essays

    Under the UCC, the buyer’s right of specific performance is granted only where the goods are unique or proper circumstances. It has to pass the uniqueness test and other proper circumstances test. It is the extraordinary remedy where the monetary remedy or damages are not enough for the loss of the buyer. The court has the discre-tionary power to grant the specific relief if it thinks fit.…

    • 400 Words
    • 2 Pages
    Decent Essays
  • Superior Essays

    The defendant original wanted to sell a farm for £1000; however the claimant made a counter offer of £950. The Counter offer was not accepted so the claimant subsequently tried to accept the original offer. The defendant then refused to honour the original offer. The claimant bought an action of specific performance against the defendant, but was unsuccessful because as soon as a counter offer is made this immediately voids the original offer in its entirety (Duxbury 2011) and the offerer is not bound by the original offer. Nevertheless due to differentiation of interpretation of language and conduct, both potential outcomes must be analysed and then assessed which course of action would be most…

    • 1534 Words
    • 6 Pages
    Superior Essays
  • Improved Essays

    Part I Issues The issues concern the correctness of the finding of the majority in the Court of Appeal that there had not been a breach of fiduciary duty by the Respondent. In particular: a) whether the scope of the Respondent’s fiduciary obligations extended to the Appellant’s business venture and whether the Respondent breached his fiduciary obligation by failing to continue negotiations and subsequently receiving an unauthorised profit from his position. b) whether the majority was correct to award an account of profits rather than ordering a constructive trust over Phones R Us retail business. c) Whether* the majority’s approach in rejecting the principle of equitable compensation was correct as the Respondent’s breach caused the Appellant’s…

    • 1015 Words
    • 5 Pages
    Improved Essays
  • Improved Essays

    The questions attempted to get the subject to look at the decision as though they are yet to make it rather than in retrospect. Having made the decision definitely influenced his consideration of consequences. For example, he expressed remorse about his inability to engage in deeper conversation about politics, social sciences and even business because “that’s what people talk about, not math…” Furthermore, he is not enjoying many of the foundation courses in engineering, revealing that this was also the case in high school and that he had seem this coming. He eventually admitted that business courses “probably” would have been “more fun” overall.…

    • 1505 Words
    • 7 Pages
    Improved Essays
  • Improved Essays

    Tralor Corporation manufactures and sells several different lines of small electric components. Its internal audit department completed an audit of its expenditure processes. Part of the audit involved a review of the internal accounting controls for payables, including the controls over the authorization of transactions, accounting for transactions, and the protection of assets. The auditors noted the following items: 1. Routine purchases are initiated by inventory control notifying the purchasing department of the need to buy goods.…

    • 469 Words
    • 2 Pages
    Improved Essays
  • Improved Essays

    THIRD ISSUE: RESPONDENT has valid grounds for avoidance of the Sales Contract on 7 July 2014 and 9 July 2014 B.CLAIMANT did breach the Sales Contract on 4 July 2014 and 8 July 2014 I. CLAIMANT breached the Sales Contract for the inconsistency between the Sales Contract and the letter of Credit opened on 4 July 2014 1. The CISG applies to the merits of the case at issue Pursuant to Article 20 of the Sales Contract [Cl. Exh.1, p. 7], “The contract, including this clause, shall be governed by the law of Danubia”. As Danubia is a Contracting State to the United Nations Convention on Contracts for the International Sale of Goods (hereinafter CISG) [R.A., p. 5, para.…

    • 1469 Words
    • 6 Pages
    Improved Essays