Essay: Breach of Contract Order

Pages: 4 (1475 words)  ·  Bibliography Sources: 1+Other  ·  Topic: Teaching  ·  Buy This Paper

SAMPLE EXCERPT:

[. . .] Therefore, if the court finds there should be consequences for Smith then they may also be able to penalize him with damages, as well, and after reevaluating the amount of damages payable to X University, the only amount that should be paid if any to X University is that they find another coach, but legally Smith will only have to compensate for what would have happened if he would have been able to get out of the agreement which means that he will have to follow out the rest of his coaching year with X University which is known as a "expectation loss" ("Breach of contract," n.d.).

Since damages are not honored for non-economic failures, according to the Breach of Contract found online, like mental distress and loss of enjoyment, that is an advantage for Smith; because I feel that the contract's purpose was to promote a college basketball coach if he would accept the scholarship and income, instead of it encouraging contentment or pleasure to X University (n.d.). I also strongly feel that X University must take practical steps to lessen their loss by trying to find an alternative method of carrying out the contract. By doing so, X University could start by discussing the contract they will put together in looking for a coach to replace Smith, and they should be honest and sincere and make sure they do not say anything that they do not plan on keeping because two court cases in a row will not look good in their favor because it shows a pattern of doing the same thing twice and not getting away with it by thinking they could actually pull it off ("Breach of contract," n.d.).

X University, I feel, does not deserve any liquidated damages on top of any other damages they claim to have lost, and if University X had stated that Smith did cause them to suffer damages it should have been looked as a penalty clause because the situation of Smith wanting to terminate his employment was not a damage that did not hurt someone or cause them to lose anything physical in the conditions and stipulations of the agreement. The court should not be able to ask for an excessive amount of money because this is not a case of penalties even though it may be described as so to the court. Furthermore, no cost should be recovered that is reasonable because Smith did no different than X University ("Breach of contract," n.d.).

In reviewing more about Breach of Contracts in an online document of notes by Eric Goldman, I feel that there should have been a "Reliance Interest" in this situation the purpose of this is to put the non-breaching party, which in this case it is X University, in the spot it would have been in had the promises have never been put in the form of an agreement because Smith did not follow through with his word because the non-breaching party did not follow through with theirs (2003). I also feel that University X should have to demonstrate what Goldman mentioned as a "Restitution Interest" which would mean to put their school back in to the role they were in to begin with before they ever approached Smith, and yes both of these two options are possible and should have been the decision of the court (2003). This is case that demonstrates "Certainty of Harm" which means that merely approximate reimbursement cannot be honored. In Restatements Sec. 352, it states "no recovery for damages that cannot be established with reasonable certainty" (Goldman, 2003), and I feel there was not any type of harm done here except to the coach himself when he was devastated about the promises spoken by X University. Furthermore, this represents an "Avoid ability of Harm" which is where X University cannot recover for any compensation it could have in reality steered clear of the situation and observed that the other party Smith was not accepting the indenture. Furthermore, the negative injunction that forbids Smith to coach at another college should not hold no merit either (Goldman, 2003).

References

Breach of contract & remedies. (n.d.). Retrieved from http://www.goldsmithibs.com/resources/free/Breach-of-Contract/notes/Breach-of-Contract-Remedies.pdf

Goldman, E. (2003, September). Notes on contract remedies. Retrieved from http://www.ericgoldman.org/Courses/contracts/contractremedies.htm [END OF PREVIEW]

Four Different Ordering Options:

?
Which Option Should I Choose?

1.  Buy the full, 4-page paper:  $28.88

or

2.  Buy + remove from all search engines
(Google, Yahoo, Bing) for 30 days:  $38.88

or

3.  Access all 175,000+ papers:  $41.97/mo

(Already a member?  Click to download the paper!)

or

4.  Let us write a NEW paper for you!

Ask Us to Write a New Paper
Most popular!

Recognizing Contract Risk and Opportunities Thesis


Contracts Chapter Essay


Contract Theories Term Paper


Contract Endzone Inc. Has Sued Maverick Sports Essay


Contract Law / Australia Essay


View 435 other related papers  >>

Cite This Essay:

APA Format

Breach of Contract Order.  (2011, July 25).  Retrieved June 26, 2019, from https://www.essaytown.com/subjects/paper/breach-contract-order/6309125

MLA Format

"Breach of Contract Order."  25 July 2011.  Web.  26 June 2019. <https://www.essaytown.com/subjects/paper/breach-contract-order/6309125>.

Chicago Format

"Breach of Contract Order."  Essaytown.com.  July 25, 2011.  Accessed June 26, 2019.
https://www.essaytown.com/subjects/paper/breach-contract-order/6309125.