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Whereas 3 injunction 4 breachContention 7 efficacious Unwarranted 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'. D2a3c4b 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 Meaning) True 2 False 3 False Produced 2 a third party 3 signature 4 transfer Harmful 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: 1530
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