The Breach

approval of Mingers Ltd” . I Pat was to undertake work for Beautiful People in Australia whilst he was under contract to Minger Ltd without their approval he would be in breach of the contract terms. “When any party to a contract, whether oral or written, fails to perform any of the contract’s terms, they may be found in breach of contract” . This would put Pat that the risk of being sued by Minger Ltd. Although, if Pat was to take up work in Australia with Beautiful People after the termination…

Problem 1: Breach of contract. Inducing a breach of contract can occur when on business’s employee leaves to work for a rival business in the same field (Yates, 121). As Jennifer’s old assistant was poached by a rival company, this could be considered a breach of contract if her assistant had committed to stay with the company for a certain period of time or had agreed not to disclose ‘trade secrets’. In order to sue successfully, Jennifer would have to prove that her assistant was aware of the…

On the facts, Theresa is the the plaintiff and AirMalaysia is the defendant. It is question of whether Theresa can claim any remedy for the losses she suffered because of the breach of the contract by AirMalaysia. The first and vital issue to consider is to determine if there is a binding contract between Theresa and AirMalaysia. In order to constitute a contract, there must be offer, acceptance, consideration and intention to create legal relation. (Law Teacher, 2013) It is obvious that Theresa…

whether bad faith is an appropriate basis for punitive damages. Courts have generally held that punitive damages are not allowed in breach of contract cases. Courts, though, have allowed punitive damages if there are independent injuries involved based upon in an independent tort. This standard appears to be met in Aldridge’s case. Aldridge may not rely upon breach of duty to justify for punitive damages, but other independent grounds may be used. Courts commonly use the tort of fraud in…

Our group decided to discuss the Target breach. This breach occurred in 2013 when they stated hackers broke into the retailer’s network using login credentials stolen from a heating, ventilation and air conditioning company that does work for Target at a number of locations. This company called Fazio had access rights to Target’s network for carrying out tasks like remotely monitoring energy consumption and temperatures at various stores. The attackers leveraged the access provided by the Fazio…

presented with the case of Chopra v. U.S. Professionals, officials can determine that it is most certain that a breach of contract has taken place, especially since USP extended Mr. Chopra the employment offer on an H-1B visa. 2. And Why? According to the textbook, breach of contract is defined as, “Being established by a failure to live up to binding promises, regardless of intent. Breach of contract claims involves promises made about future terms and conditions of employment.” (Walsh, Pg.…

by both parties and render a verdict based on which party has successfully proven their case. The case is being decided on a balance of probabilities because the defendants do not face any jail time. 5. The court must determine if there was a minor breach of contract by Tina Tippett when she failed to meet the specific terms of the contract that John Looney and Sally Tunes signed. John Looney and Sally Tunes originally contracted Tina Tippett to provide the following;…

Design- In this experiment we selected the happy sack to use for our experiment, as this sort of ball doesn’t bounce when dropped to the ground and this then gives us more accurate data for us to compare with the theoretical time. To record the closest accurate time and distance we could get, the equipment we chose to use, were two stopwatches so that we could compare the human reaction times and a tape measure to correctly measure the distance that the ball is going to fall from; which counted…

balance of $5,000,000 to Mammoth Construction Inc. This breach would be considered a major breach considering the fact that the whole $5,000,000 was not paid on time when it was due. Mammoth Construction Inc. built a brand new spectator facility in exchange for the payment of $5,000,000 plus the additional incurred penalties of $250,000 as a result of their inability to…

legal value and cannot be consideration for the promise that the promisee is seeking to enforce.” Similarly in this case, Emily asked Rachael to promise about Fang’s temper and did not mention about what responsibility Rachael will take if Rachael breach the promise or Fang change its temper and so the promise was too inexplicit. Rachael provided a lack of consideration because Emily had already taken Fang home and paid full payment. As a consequence, there was not valid consideration as well…