Studied by 0 people
Breach of Contract
Breach of contract means that one party to the contract fails to perform it exactly as agreed. If a person breaks a contract they can be taken to court where a judge can award the following:
-damages
-specific performance
-Rescind the contract
Remedies For Breach of Contract: Damage
Damages: Judge can order the person who broke the contract to pay financial compensation to the injured party. This is to compensate them for what they have lost and suffered as a result of the other person’s breach. E.g Robbie Williams sacks his manager and the manager was awarded €1.7 million because he had not honoured the terms of the contract.
Resolve Conflict- This remedy can help to solve the conflict over the breach because the innocent person does not lose out financially as a result of the breach. Any money lost is returned to them
Remedies for Breach of Contract: Specific Performance
Specific Performance: The party in breach of a contract would be ordered by the court to carry out its agreed contractual obligations. This remedy can help to solve the conflict over the breach because the innocent person does not suffer at all as a result of the breach.
Order- The judge orders the contract to be carried out in full as the parties originally promised. E.g. A Builder and a client disagree on the standard of workmanship carried out on a house. The builder is ordered by the judge to upgrade the work
Remedies for Breach of Contract: Rescind the Contract.
Rescind the Contract: The judge can order the contract to be cancelled. The judge sets the contract aside and returns the two parties involved to the exact same position they were in before they entered the contract.
Frustration- A judge would rescind a contract that has been frustrated E.g. If a singer couldn’t perform in concert in Dublin because they had become seriously ill the judge might rescind the contract
Provisions of Consumer Protection Act 2007
Price Display - The business must display the selling price of every item offered for sale and make it clear which item the price relates to.
-Grocery stores must supply weighing scales in a prominent position to allow consumers to find out the weight and price of unpacked food products
Misleading Advertising - All advertising should be clear and easily understood. Any relevant or material information should not be obscured or hidden by using disclaimers or provisos in small print, Misleading advertising offered by a sales person are considered misleading practices.
Enforcement of the act - If the CCPC believes a business is engaging in an illegal act, they may accept a written undertaking from the business that the business will stop and obey the CCPC’s conditions. E.g. Pay compensation or publish a corrective statement.
Role of the Ombudsman:
If a consumer thinks that they had been unfairly treated by any of the government body’s such as Government Departments, third level education institutions, the HSE or Local authorities and he has tried to sort it out himself, then the Ombudsman can look into the complaint on his behalf. The service is free or charge. This saves people in conflict with a public body a lot of money.
Features of Small Claims Procedure:
Quick- The aim of the small claims procedure is to handle consumer claims easily, quickly and cheaply. A solicitor is not required.
Inexpensive The consumer fills out an application form and pays a fee of €25 to the local district court. The fee is non refundable. The consumer cannot sue for an amount more than €2000
