mkirilova, 12 септември, 2021
If multiple remedies are available, the highest dollar amount is not necessarily the best to follow. Also remember that contract law is different from infringement law. Contract law does not allow for punitive damages (a sum of money intended to punish the defendant for wilful misconduct). Punitive damages are only permitted by the law of the offence, for example. B where embezzlement or fraud can be detected. When a contract is terminated in accordance with its terms, the damage is limited to the damage suffered before the termination. If the contract contains a provision allowing termination without notice without justification, but which violates the party by re-hearing without making it expire, the damage is limited to those that could be incurred during the period of the necessary termination. This is a key issue and a more common area for applicants` mistakes. Not all violations can be legally proven to have resulted in a loss and if a claimant is unable to complete this test despite an offense, no compensation is awarded. The victim must take into account the position in which he was after the offence and the position in which he would have been “safe” for the offence – which is obviously hypothetical. Conduct which constitutes a breach of the performance of contractual obligations due cannot suffice to constitute a refusal. However, with respect to EPC agreements, a material breach is defined as “a breach by a party of any of its obligations under this agreement, which has or is likely to have a significant negative impact on the project and which that party does not need to heal”.
Normally, a party cannot claim both benefit and cash-specific damages and must “choose” a remedy. Any infringement – warranty, condition or inaccurate duration – creates a right in the hands of the innocent party to recover its damage suffered by the infringement of the defaulting party. In Great Britain, damages are the only recourse available in the event of a breach of a warranty. This damage can occur in different forms, such as for example. B the provision of damages of money, damage to liquidation, certain benefits, resignation and reimbursement.  English law rarely allows for the successful claim of such damages for infringement. There are a few exceptions, for example. B if it can be seen that an important purpose of the contract was to offer pleasure or relaxation, for example a holiday. This type of distinction will be rare in commercial cases.
This may be the case where the victim`s staff had to investigate the offence or deal with the consequences of the offence. The victim can recover the salaries of his employees. However, this type of claim can be difficult to prove. Ordinary law has three categories of offences. These are measures of the gravity of the offence. In the absence of a contractual or legal provision, any infringement is called a: Most people are aware of the existence of an infringement and an undertaking of damages. But few people know how the courts charge damages. In addition to financial damages, you may also seek other types of remedies (called “reasonable remedies”) that require the other party to do something in particular, to act, or to refrain from doing so in a certain way. Examples of such appropriate remedies are enforcement, contractual delay and Treaty reform. . .