Difference between revisions of "Causes of Action (20:App G)"

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==== a) Breach of Contract ====
==== a) Breach of Contract ====
Contract law governs voluntary relationships between parties. It is a complicated and nuanced area of the law. To bring a claim for breach of contract, a party must demonstrate that the other party failed to perform a contractual obligation. Depending on the type of term that is breached, the other party may be able to “terminate” the contract. Termination. Terms that go to the heart of a contract are usually called “conditions”. Breach of a condition by one party entitles the other party to terminate the contract and end their obligations. Less important terms are called “warranties”. Breach of a warranty does not give the other party a right to terminate. However, the party not in breach can still sue the other party for breach of contract.  
Contract law governs voluntary relationships between parties. It is a complicated and nuanced area of the law. To bring a claim for breach of contract, a party must demonstrate that the other party failed to perform a contractual obligation. Depending on the type of term that is breached, the other party may be able to “terminate” the contract. Termination. Terms that go to the heart of a contract are usually called “conditions”. Breach of a condition by one party entitles the other party to terminate the contract and end their obligations. Less important terms are called “warranties”. Breach of a warranty does not give the other party a right to terminate. However, the party not in breach can still sue the other party for breach of contract.  
**'''Defences:'''   
====='''Defences:'''   
#'''No consideration:''' In order for a promise or any other contractual obligation to be enforceable by courts, there must be consideration.  Consideration is what is given in exchange for a promise that makes the promise binding. If there is no consideration for a promise, the promise will not be enforced by the courts, even if the parties have an otherwise valid contract.  
#'''No consideration:''' In order for a promise or any other contractual obligation to be enforceable by courts, there must be consideration.  Consideration is what is given in exchange for a promise that makes the promise binding. If there is no consideration for a promise, the promise will not be enforced by the courts, even if the parties have an otherwise valid contract.  
#'''Void contract:''' A contract can be void and therefore unenforceable for several reasons, including lack of mental capacity, uncertainty of terms, illegality.  
#'''Void contract:''' A contract can be void and therefore unenforceable for several reasons, including lack of mental capacity, uncertainty of terms, illegality.  
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