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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

Evidence clause.

Un 6

Pecuniary compensation

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

Prove. ..

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...

Suggested answers

1 The court overturned/reversed the decision. (opposite

Meaning to upheld)

The court rejected the suit on the grounds that...

(same meaning)

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.

3 $10,000

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

Deducted from

The program written by the software company contained

Unnecessary code and did not function with Macintosh

Date: 2015-12-11; view: 616

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