указано в фаиле

указано в фаиле

Specific performance of a contract cannot be enforced in favor of a person who has become incapable of performing the contract that on his part remains to be performed, or who violates any essential term of the contract that on his part remains to be performed, or who acts fraudulently despite the contract, or who willfully acts at variance with, or in subversion, of the relation intended to be established by the contract, as in the case of Peter’s company and Paris.
Breaches of contract can also include non payment for a service or not paying on time, failure to deliver services or goods, and being late with services without a reasonable excuse. Terms and conditions are a fundamental part of a legally binding contract and any broken terms can lead to breach of contract1.
The main typesof breach of contract will be minor, material, fundamental, and anticipatory. Minor breaches can be, for example, a builder who substitutes his own type of materials for specified materials. The substituted materials may work just as well as the specified but it can still be seen as a minor breach of contract.
A material breach can be a breach that has serious consequences on the outcome of the contract. A fundamental breach would be one so serious that the contract has to be terminated. An anticipatory breach is one where one of the parties makes it known that they will not be carrying out agreed work, as in case of Peter and Britney.
Damages can be awarded to an innocent party if a law court upholds that a contract has been breached. Damages will be used to compensate the innocent party for their loss due to the breach. These damages are usually a remuneration that will reflect the loss. For example, if an employer dismissed an employee unfairly then the employee could claim damages for loss of earnings under breach of contract. Damages can be awarded even if there has been no actual loss, the innocent party will then usually be awarded nominal damages.
The law of torts is derived from a combination of common law principles and legislative enactments. Unlike actions for breach of contract, tort actions are not dependent upon an agreement between the parties to a lawsuit. Unlike criminal prosecutions, which are brought by the government, tort actions are brought by private citizens. Remedies for tortious acts include money damages and injunctions (court orders compelling or forbidding particular conduct). Tortfeasors are subject to neither fine nor incarceration in civil court1.
In some cases tort law imposes liability on defendants who are neither negligent nor guilty of intentional wrongdoing. Known as strict liability, or liability without fault, this branch of torts seeks to regulate those activities that are useful and necessary but that create abnormally dangerous risks to society. These activities include blasting, transporting hazardous materials, storing dangerous substances, and keeping certain wild animals in captivity.
A distinction is sometimes drawn between moral fault and legal fault. Persons who negligently or intentionally cause injury to others are often considered morally blameworthy for having failed to live up to a minimal threshold of human conduct. On the other hand, legal fault is more of an artificial standard of conduct that is created by government for the protection of society.
Persons who engage in ultrahazardous activities may be morally blameless because no amount of care or diligence can make their activities safe for society. However, such persons will nonetheless be held legally responsible for harm that results from their activities as a means of shifting the costs of injury from potential victims to tortfeasors. As a matter of social policy, then, individuals and entities that engage in abnormally dangerous activities for profit must be willing to ensure the safety of others as a price of doing business.
Consumers who have been injured by defectively manufactured products also rely on strict liability. Under the doctrine of strict product liability, a manufacturer must guarantee that its goods are suitable for their intended use when they are placed on the market for public consumption. The law of torts will hold manufacturers Microwave Madness under the law of contract AND tort. strictly liable to Peter for injuries that result from placing unreasonably dangerous products into the stream of commerce, without regard to the amount of care exercised in preparing the product for sale and distribution and without regard to whether the consumer purchased the product from, or entered into a contractual relationship with, the manufacturer.
A reward is a sum of money or other compensation offered to the public in general, or to a class of persons, for the performance of a special service.
It is commonplace for the police to offer a reward for information leading to the arrest and conviction of an offender or for a pet owner to post notices in a neighborhood offering a reward for the return of a lost dog or cat. In legal terms, the person promising a reward is offering to enter into a contract with the person who performs the requested action, that is, turning in a criminal or returning a lost pet. Performance will be rewarded with money or some other compensation. Therefore, the legal concepts involving rewards are derived from the law of contracts.
An actual, valid offer must be made to create a contract of reward. The offer is merely a proposal or a conditional promise by the person offering the reward, known legally as the offerer. It is not a consummated contract until the requested action is performed.
The person offering the reward can do so on any terms she wishes, and the terms must be met before the reward can be recovered. The subject matter of the offer can entail the discovery of information leading to the arrest and conviction of a person, the discovery of stolen property and the apprehension of the thief, the return of lost property, or the recovery or rescue of a person.
A prize or premium can be a valid offer of a reward for exhibits, architectural plans, paintings, the best performance in a tournament, the suggestion of a name, or the achievement of the best time in a race.
Any persons, including corporations, legally capable of making a contract can bind themselves by an offer of reward. Legislatures have the power to offer rewards for acts that will be of public benefit.