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Enforcement agent is called the foged in Denmark. A foged isSimilar to the bailiff in common law. He basically fulfils the Functions of a bailiff. The Danish Code of Procedure 17 Regulates what the foged has to do. This code stipulates that the foged can convert the plaintiff's claim into money Damages. So, in reality, most claims for which specific Performance is granted are converted into money damages. Part II Granted are converted into money damages. However, there are five types of cases in which the plaintiff's claim is not Converted into money damages and the defendant must Actually perform his obligations under the contract in Accordance with the specific performance ordered by the court. Let me briefly tell you what these five cases are. First of all, there's the case where objects - such as goods Which have already been produced - simply need to be handed Over to the plaintiff. This also includes where a person is to be Put in possession of real estate. The second type of case is where goods can be procured from A third party. The foged can allow for a third party to perform, and if the breaching party doesn't pay for this, the foged can Seize his assets. Third, we have the case when the only act that has to be performed is a signature on a document. All that's needed is the signature: in this case, the foged can sign for the defendant. In the fourth type of case, the act to be performed is the Transfer of a pledged security. The foged can seize assets from The breaching party and pass them on to the pledgee. Finally, we have the fifth case, where the breaching party must Be restrained from performing certain acts that are harmful to The other party. So, generally speaking, the foged will convert a claim of Specific performance into money, unless the acts which the Defendant must perform can be performed by a third party, as in the five specific cases I've just explained to you. Listening 2 , Part I Mrs Hayes: As I understand the situation, Mr Anderson, Glaptech Was to write a software program for you to incorporate into the website that you're designing for a ferry company? Mr Anderson: That's right. They were supposed to write a Program that would allow the visitor to book passage Online, and I was to insert it into the website and deliver The product to my customer on May 15th. Mrs Hayes: Um, did they not deliver on time, or did they deliver something that didn't work? Mr Anderson: It was on time, but the program they wrote was full of unnecessary code. Worse than that, it couldn't book Tickets from customers with Macs, only PCs, and we were Really clear in the contract that it had to work for all Customers using modern home computers. Mrs Hayes: Well, 'modern home computers' isn't quite as clear a specification as one might like, but I can't imagine a jury Not finding that both Macs and PCs fall within that Definition. By the way, did you draft the contract yourselves or did you engage an attorney? Mr Anderson: We did it ourselves. Mrs Hayes: OK. Were you able to deliver your website on time? Mr Anderson: Not to the original deadline. The ferry line gave Date: 2015-12-11; view: 1121
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