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ASSIGNMENT – ENDING A CONTRACT
AKASHDEEP SINGH
STUDENT ID - 0265592
LOGISTICS AND SUPPLY CHAIN MANAGEMENT, ROBERTSON COLLEGE
B0403 - CONTRACTS AND NEGOTIATIONS
INSTRUCTOR – JOSHUA OLAYINKA
July 6, 2023
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ENDING A CONTRACT
1. Introduction
In the sector of enterprise, contracts play an important function in establishing
criminal responsibilities and making sure that events are worried to uphold their
commitments. However, there are times whilst one or both parties may fail to fulfill
their responsibilities as mentioned inside the contract, main to the want for
termination or decision. Understanding the distinction between contractual breach and
lawful (tort) breach is important in figuring out appropriate actions to be taken while
faced with such occasions.
2. Contractual Breach vs Lawful (Tort) Breach
To recognize the distinction between contractual breach and lawful (tort) breach, it is
crucial to have a look at each idea personally. A contractual breach occurs when one
birthday party fails to meet a duty specified within a legally binding settlement. For
example, if Party A consents to deliver items by way of a certain date but fails to do
so because of logistical problems, Party A has committed a contractual breach. On the
opposite hand, lawful (tort) breaches involve actions that motivate harm or damage
outdoor of a proper contractual dating however nevertheless result in felony
consequences. An instance of this would be if Party B damages Party A's property via
negligence during the creation of paintings without any previous agreement.
3. Options for Suing in Case of Breach
When faced with a breach of contract scenario, parties have numerous alternatives
available for pursuing felony movement against the responsible individual or
company. These options consist of seeking unique performance, wherein the court
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docket orders the breaching party to meet their obligations as exact within the unique
agreement; claiming compensatory damages for any losses suffered because of the
breach; or pursuing punitive damages if there has been malicious reason behind the
breaching of the contract. Failure to attain overall performance can lead parties down
distinctive paths toward resolution or litigation relying on whether they want
enforcement of terms or reimbursement for losses incurred.
4. Involvement of Courts in Case of Mistakes
Courts end up concerned with agreement disputes when mistakes occur that require
prison resolution. These errors can include mistakes in the drafting of contracts,
misunderstandings concerning contractual terms, or fraudulent misrepresentations via
one celebration. When such errors are diagnosed, parties might also be seeking court
intervention to interpret or rectify those mistakes. Furthermore, courts may
additionally intrude if there may be a dispute over the validity or enforceability of an
agreement, mainly when it involves complex issues which include unconscionable
transactions.
5. Unconscionable Transaction
An unconscionable transaction within tort law refers to a scenario where one party
takes gain of some other through enforcing unfair and unreasonable phrases upon
them. This concept is regularly implemented when analyzing instances related to
unequal bargaining electricity or situations in which one party has significantly extra
knowledge or expertise than the other. The reason in the back of spotting
unconscionable transactions is to defend vulnerable individuals from exploitation and
make certain equity within contractual relationships.

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6. Purpose of Awarding Damages
In cases regarding breaches of agreement or torts, awarding damages serves more
than one purpose. Firstly, its objective is to offer reimbursement for any losses
suffered because of the breach itself. By awarding damages, the injured party can be
restored financially to their pre-breach position. Secondly, damages additionally act
as a deterrent in opposition to destiny breaches. When events recognize that they'll
face monetary consequences for failing to satisfy their contractual duties or engaging
in tortious conduct, they may be much more likely to uphold their commitments and
act responsibly.
7. Conclusion
In the end, expertise in the complexities surrounding ending an agreement is critical
for businesses and individuals alike. Distinguishing between contractual breach and
lawful (tort) breach lets parties navigate legal challenges correctly and determine their
first-class route of motion while confronted with breaches of agreement or dangerous
movements outside formal contracts. By exploring available options for suing in case
of a breach, identifying occasions when courts turn out to be involved due to
mistakes, recognizing unconscionable transactions inside tort law, and expertise the
reason in the back of awarding damages, parties can effectively deal with settlement
termination situations. It is vital to prioritize clear conversation and complete
contractual agreements to limit the likelihood of disputes and promote a success
settlement termination.
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REFERENCES
Smyth, J. E., Soberman, D., Easson, A. J., & McGill, S. (2019). The Law and Business
Administration in Canada (15th ed.). Pearson Education Canada.
https://online.vitalsource.com/books/9780135243039
Gallagher, T. (2022). Is Breach of Contract a Tort? Learn Here. Gallagher Krich, APC,
Attorneys. https://www.tomgallagherlaw.com/tort-law-vs-contract-law/
vStaff, F. (2022). Breach of Contract and Lawsuits. Findlaw.
https://www.findlaw.com/smallbusiness/business-contracts-forms/breach-of-contract-
and-lawsuits.html
Unconscionable Transactions Act - Open Government. (n.d.).
https://open.alberta.ca/publications/u02

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ASSIGNMENT – ENDING A CONTRACT

LOGISTICS AND SUPPLY CHAIN MANAGEMENT, ROBERTSON COLLEGE

B0403 - CONTRACTS AND NEGOTIATIONS

INSTRUCTOR – JOSHUA OLAYINKA

In the sector of enterprise, contracts play an important function in establishing

termination or decision. Understanding the distinction between contractual breach and

faced with such occasions.

2. Contractual Breach vs Lawful (Tort) Breach

so because of logistical problems, Party A has committed a contractual breach. On the

outdoor of a proper contractual dating however nevertheless result in felony

negligence during the creation of paintings without any previous agreement.

3. Options for Suing in Case of Breach

available for pursuing felony movement against the responsible individual or

distinctive paths toward resolution or litigation relying on whether they want

enforcement of terms or reimbursement for losses incurred.

4. Involvement of Courts in Case of Mistakes

misunderstandings concerning contractual terms, or fraudulent misrepresentations via

intervention to interpret or rectify those mistakes. Furthermore, courts may

additionally intrude if there may be a dispute over the validity or enforceability of an

agreement, mainly when it involves complex issues which include unconscionable

them. This concept is regularly implemented when analyzing instances related to

unconscionable transactions is to defend vulnerable individuals from exploitation and

make certain equity within contractual relationships.

6. Purpose of Awarding Damages

In cases regarding breaches of agreement or torts, awarding damages serves more

restored financially to their pre-breach position. Secondly, damages additionally act

as a deterrent in opposition to destiny breaches. When events recognize that they'll

In the end, expertise in the complexities surrounding ending an agreement is critical

first-class route of motion while confronted with breaches of agreement or dangerous

of a breach, identifying occasions when courts turn out to be involved due to

termination situations. It is vital to prioritize clear conversation and complete

contractual agreements to limit the likelihood of disputes and promote a success

Administration in Canada (15th ed.). Pearson Education Canada.

vStaff, F. (2022). Breach of Contract and Lawsuits. Findlaw.

Unconscionable Transactions Act - Open Government. (n.d.).

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