Wednesday, February 19, 2020
Examine with reference to relevant case law the extent to which it is Essay
Examine with reference to relevant case law the extent to which it is true to say that in the event of a breach of contract the - Essay Example D.). There may be money damages someone can collect when a contract is breached; however, there are limitations to how much damages may be collect due to a breach of a contract. When a teacher is employed by a school district the teacher is under a contract. The contract states that the teacher will remain on staff throughout the duration of the school year, and the school district promises that the teacher will have a job for the duration of the school year(N. A., N. D.). Sometimes the contract between a teacher and a school district is breached. Under certain circumstances the school board may terminate the teachers contract during the school year. When the school board terminates the contract during the school year the teacher is left without a steady paycheck. When someone is fired the person does not normally receive a severance pay. The teacher may be entitled to severance pay in the amount the teacher would have received in wages for duration of the school year. The teacher is limited to only this amount of damages. If a teacher terminates a contract and leaves during the school year, the school district will need to find a replacement to teach the students. The school board may then be entitled to compensation because the teacher terminated the contract. The school board would again be limited to the amount of damages specified in the contract (N. A., N. D.). If someone hires a construction company and the construction company does not complete the job on time, or the construction company creates a faulty structure then the person who employed the construction company would be entitled to damages caused by the construction company breaching the contract made between the person, and the construction company (N. A., N. D.). The person is only permitted to collect damages in the amount of how much damage was caused by the construction company when the construction company did not complete the job on time. The person may have planned to rent the structure, and lost rental fees because the person was unable to rent the structure. The person would be entitled to the amount of fees lost because the person was unable to rent the structure when the company did not complete the structure on time. If a construction company does not complete a project within the time specified in the contract the person who employed the construction company is legally permitted to terminate the contract without any legal ramifications. The person who enters into a lease with an apartment complex is entitled to stay in the apartment community until the end of the lease (N. A., N. D.). The person signed a lease, and agreed to pay the apartment community the amount specified in the lease every month until the end of the lease. If for some reason the tenant is not able to pay the specified amount of monthly rent, and defaults on the rent, the apartment community may be entitled to damages caused by the tenant not paying the rent. The apartment community is entitl ed to collect the amount of money owed. If the tenant breaches the contract by nonpayment in the tenth month of residency the apartment community is limited to collect the fees owed for three months of rent, and attorney costs. A breach of a contract case is usually heard before a judge. A person in a breach of a contract case is entitled to receive a trial by a jury, but not always. The Constitution does not specify for a jury trial at all trials. In a breach of a contract case the judge, and possibly jury will hear all of the credible evidence
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