Contract law governs disputes between parties who have formed some sort of contract, which could mean oral or written, and are now involved in a suit because one side believes that the other side has breached, or not performed as required by the contract.
Contract disputes can arise in a number of different contexts. One major area of contract disputes is between providers of building and repair services, such as plumbers, builders, and electricians, and their customers. Sometimes the customer will sue because the service provider has not completed work as promised, other times the contractor will sue because they have not been paid. Another common area of contract disputes is between buyers and sellers, when a person agrees to buy or sell something at a certain price and then backs out or tries to change the price. Contract disputes can also arise between employers and employees, landlords and tenants, and in many other situations.
One of the basic tenets of contract law is that people are free to contract in any way they wish. The court will generally read the contract they way it is written and not judge whether or not it seems fair or reasonable. The court will not, however, enforce contracts that are illegal (such as a contract for the sale of drugs or sex) or contrary to public policy. Also, in some cases the court may be reluctant to enforce a contract where they feel one party was coerced or tricked into entering into the contract or if the contract seems so unfair as to be unconscionable.
Another problem in contract law is finding damages. It is rare that a court will order specific performance, or forcing a person to act. Generally, the court will try to ascertain a monetary loss and order the breaching party to pay damages suffered by the non-breaching party. Specific performance would be impossible in many cases because a person may no longer have the goods they promised to sell, and forcing a person to act is too much of a restriction on liberty. Besides which, if a builder did a bad job the first time, you may not want them to be the ones to fix the problem, especially if they are now resentful for losing a suit and being ordered by the court. Specific performance may sometimes be awarded in situations involving a unique piece of land, a one of a kind item (such as a rare piece of art), or the performance of a famous musician, actor or athlete.
Claire Jefferies is writing on behalf of 11 Stone Buildings, who remain the top Barristers in London. They also offer London property Barristers and property solicitors in London
ليست هناك تعليقات:
إرسال تعليق