- 15 kwietnia 2021
- Autor Autopasja
What is an essential offence? As a general rule, a serious and serious offence is a serious offence and is not a matter of minor importance. In the absence of an explicit (and duly drafted) clause, a proven physical violation often gives the innocent party the right to claim damages for damages resulting from the breach and to trigger a right to terminate the contract. However, proof of a substantial offence can be a difficult and costly process. Finally, since corrective measures in the event of a substantial breach of contract are generally not related to financial damages, it may be difficult to obtain the right solution that will best assist the aggrieved party to recover from the breach. On the other hand, if you are the party that does not break, then you should reach the other party to find out if they can fill their side of the bargain. If they can`t, you should document all the evidence that you`ve kept your promise and store anything that shows they haven`t kept their end. Suppose an owner hires a contractor to install new sanitary facilities and insists that the pipes that will eventually be hidden behind the walls must be red. Instead, the contractor uses blue tubes that work just as well. Although the contractor has breached the terms of the contract, the owner cannot require a court to replace the blue tubes with red tubes.
The owner can only recover the amount of his actual damages. In this case, it is the difference in value between the red tube and the blue tube. Because the color of a tube does not affect its function, the difference in value is zero. As a result, no damage was caused and the owner would receive nothing (see Jacob – Youngs v. Kent.) If, in the example above, the contractor had been informed of using copper pipes, and had used iron pipes that would not have lasted as long as the copper pipes would have lasted, the owner can recover the cost of the actual correction of the rupture – remove the iron pipes and replace them with copper pipes. The intention to execute a contract in a manner inconsistent with the terms of the contract also shows the intention not to execute the contract.  Whether such conduct is so serious that it is a means of renunciation depends on the opposition of the difference in performance that threatens. The intention to achieve results is effective, but willingness in this context does not mean the desire to act despite the inability to do so. Say, “I`d like, but I can`t” negative intent as much as “I`m not going.”  Contracting parties must strictly execute contracts on their terms: this is what was agreed in the first place when the contract was concluded.
There is therefore a need for further offences. In order to terminate a contract for violation of the opposition, the innocent party must inform the defensian party.