Whereas 3 injunction 4 breach
Contention 7 efficacious
3 2 signed 3 (had) breached 4 is terminated /
Terminates 5 to be renewed 6 modify
Express 3 non-binding 4 invalid
By 3 in 4 for 5 herein 6 hereby 7 by
It is an example of a merger / entire agreement / parol
True 2 False 3 True
D 2e 3a 4g 5b 6c 7f
5 Liquidated damages are defined as 'provisions in a
Contract stipulating the amount required to compensate
an injured party in the event of a breach'.
False 2 False 3 True 4 True
Breach of contract 2 compensate an injured party
Bargaining power 4 clause at issue
10 Section 2: In many jurisdictions, the courts will sever...
The result is that the non-breaching party is forced to
Section 3: The recent tendency of the courts is to give
Less or no weight to ...
The courts take into consideration...
As such, the court must assess whether...
Section 4: The courts generally look to ...
In rare cases, ... the courts will not enforce...
1 The court overturned/reversed the decision. (opposite
Meaning to upheld)
The court rejected the suit on the grounds that...
3 The court agrees/rules that... (same meaning)
4 The court is hesitant to / is unwilling to ... (same
True 2 False 3 False
Produced 2 a third party 3 signature 4 transfer
15 The whole system works like this: the court must first
Determine whether an order for specific performance should
be granted. Of course, the breaching partv can do two things:
Either comply or not complv with the order. In other words.
The defaulting partv either takes the action necessary to
perform the contract or he doesn't. If he doesn't, the other
Party can decide to go to the judicial enforcement agent. This
judicial enforcement agent is called the foged in Denmark. ~
Foged is similar to the bailiff in common law. He basically
Fulfils the functions of a bailiff. The Danish Code of Procedure
Regulates what the foged has to do. This code stipulates
that the fOl!ed can convert the plaintiff's claim into money
Damages. So, in reality, most claims for which specific
Performance is granted are converted into monev damages.
Because on-time performance of the various parts of a
Construction agreement is crucial. If the foundation of
A building is not performed on time, then the next
Step, and the workers involved, must wait. This may
Result in workers being paid to wait and, in turn, losses
Being incurred which must be compensated by the
Party who has failed to perform on time.
Time is of the essence means that it is essential to
The parties that performance takes place in
Accordance with the times specified in the agreement.
Failure to perform by the time specified is a breach of
Contract by the non-performing party.
If money is due the Contractor, the amount of damages
Will be deducted from this, or if no money is due the
Contractor, he will pay the amount to the Owner.
By way of 2 prescribed 3 in excess of
Mutually 5 is due 6 inclusive of 7 as aforesaid
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Date: 2015-12-11; view: 236