The Breach

According to Professor Ernest J. Weinrib, corrective justice is the idea that liability rectifies the injustice inflicted by one person on another. This idea is based on the fact that the parties are considered to be in an initial equilibrium stage before entering the contract but when this contract is breached one party (usually the defendant) gains while the other (usually the plaintiff) suffers from the contract. Corrective justice is the notion of correcting this inequality by giving back…

Facts Six months ago, my wife and I visited Mount Lebanon Church Sunday service, where I initially met the defendant, Mrs. Jolley. After she finished teaching Sunday school class I pulled Mrs. Jolley aside to speak with her about trying to become more involved in church and shared with her information about my business. During our conversation, we discovered that we shared similar business interests such as the food industry. Mrs. Jolley informed me that she has her own business where she grows…

the NCAT given that the repair was from a licenced professional and that notice was given by Jeannette (RTA s65). Regarding the door lock and widows, under the RTA (s70) Spencer must maintain thus, repair Jeannette’s door lock and windows or he will breach the FTA and break the…

(2) Fails to make progress according to the agreed-upon EPC Contract Schedule so as to endanger performance of this EPC Contract; (3) Abandons or refuses to proceed with any of the Work, including modifications directed pursuant to General Condition 32, titled CHANGES; (4) Fails to fulfill or comply with any of the other material terms of this EPC Contract; (5) Fails to commence the Work in accordance with the provisions of this EPC Contract; (6) Abandons the Work; (7) Fails to maintain…

Putnam Construction and Realty Co. vs. Byrd is a case where buyers remedy is made evident. The plaintiff is Putnam Construction and Realty Co. The defendant is William Byrd. The construction company owned University Square Business Center. It is an office with different tenants. William Byrd and some buyers wanted to buy University Square Business Center so they started a contract. They were able to get a loan for $16.2 million from Northwestern Mutual Life. The loan was secured with a mortgage…

Ex-spouses face an up-hill battle when they attempt to modify their spousal support (alimony) award or obligation. One must show a material change in circumstances justifying a modification. Furthermore, if your alimony award or obligation is the result of a settlement agreement, spousal support cannot be modified unless the agreement contains language permitting future modification. To illustrate how Virginia courts handle petitions for modification, here are a couple of recent decisions…

In advising Valerie and Una, the validity of Susan’s will shall first be looked at. It is submitted that Susan’s bequests involve the principles of secret trust which will also be discussed in this submission. Valerie will be advised on two issues: first is the validity of the bequest she is to hold on trust for Richard; second is whether Valerie will be entitled to the gift of £5,000 contained in a later codicil of the will. On the other hand, Una will want to know if she is bound to hold the…

replacement housing for the Chapter and members. This lease shall continue from year to year unless terminated by House Corporation by providing written notice to Chapter. House Corporation has the right to terminate this Lease upon the following events and with the following respective notices by House Corporation to Chapter: a. Upon five (5) days' prior written notice by House Corporation to Chapter if Chapter ceases to be a Chapter in good standing with the Fraternity or the University; b.…

The contract I chose to analysis is a small construction contract in Maine, and it is used when the contract value is less than $50,000. According to the contract, Article 5 “Termination” stated that “this contract may be terminated by either party upon not less than seven days’ written notice to the other party should such other party fail to perform in accordance with the terms of this Contract. This Contract may be terminated by the Owner upon not less than seven days written notice to the…

DECISION It is noted in the file that the listed items of a foreign judgment (pages.10/11), among those, the one that sets forth for the return to the use of maiden name of M DE L S D, are crossed out, so it is assumed that they were made void. That said, it is ordered to notify the parties within thirty (30) days, to clarify the aforesaid erasure, bringing to the file a new foreign judgment that the parties are seeking the approval, without any erasures, allowing to infer clearly what was…