A View On Contract Law – Law of Contract
Contract law leads disputes between parties, the one who have formed some sort of contract, which could mean rather written or oral. Plus they are involved in a suit, this is because one side believes that the other side is breaching or not performing as is required by the contract.
Contract disputes or problems can pop out or arise in a number of different contexts. One of the major and important area of arising dispute is between providers of building and repair services, such as builders, plumbers, electricians and all in all in their customers.
There are two conditions in which both the contractor or customer can sue each other, like if the work is not completed as it was promised, on the other hand the contractor can sue the customer if they have not been paid for their work.
Another most common area for such problems and disputes is between buyers and sellers, when a person first agrees to buy or sell a specific thing at a certain price but later do not agree or back out or tries to change the price that was first decided.
Contract disputes can arise in different areas, for example between the employees and employers, tenants and landlords.
- One of the basic and major tenets of contract law is known as that the people are allowed and free to contract in any way possible and that they wish.
- The court will actually read the contract according to the way it is written and plus would not judge upon its own that whether or not it seems fair or reasonable.
- The court will not and is not allowed as well to enforce contracts that are illegal for example the ones for the sale of drugs or the ones related to sex or contract to public policy.
- More over in some of the cases court may be reluctant to enforce a contract where they feel one party was treated unfairly or tricked into entering in to a contract.
- Finding damages pop out as another problem in the law of contract. This case is very rare that the court will order a specific performance or else force some one to act.
- Generally the court will try to cope up with the monetary loss and would order the breaching party to pay for the damages that are being suffered by the non breaching party.
- All in all specific performance would be very difficult or impossible in various cases because it can be possible that the person may no longer have the goods they promised to see and it is considered as the restriction on liberty to force a person to act.
- In some specific situations some specific performance would be awarded such as involving a unique piece of land, performance of a famous musician, one of a kind item, actor or athlete.