Contract Remoteness of Damages Essay Example | Topics and Well Written Essays - 1250 words

Contract Remoteness of Damages - Essay Example Sometimes, breach are treated immaterially when the aggrieved party may not have actually suffered actual damage from the breach or may have and at other times, the other party is compelled to indemnify and perform accordingly to the agreed terms or pay minimal damages resulting to such breach. Other fundamental breach of contract treated as a grave offense against the agreement itself results to the termination of the performance of the contract thereby entitling the party to sue for damages. In anticipation of a probable breach, a party may sue for the termination of the contract and file for damages without the actual breach taking place. Consequently, the laws that provides a remedy for any breach of contract is commonly known by lawyers as the "rule of remoteness" that is determined by the contractual agreement, even when it is not covered in its express terms. Further the law has delegated and simplified the classification under non-pecuniary and pecuniary losses with the former commonly sought as a supportive argument in respect for personal injuries and deaths. Such differences are identified in a contract to measure the nature of breach of duty which the damage meant to undo and award is reflective in the underlying obligation. Sometimes, rather than argue for the actual obligation to take particular effect, the aggrieved party is keener on pressing charges with the pure knowledge of the allocation which the law has recognized. This has concurrently resulted and thereby pushed the limit to the losses for which the other party is actually responsible within at the time of conclusion of the agreement. This will i n fact result to people placing more emphasis in contract making which has been treated on the possible losses arising from its breach than the advantages gained from its performance. Law and jurisprudence dictates that in losses arising from the breach of contract, the remoteness of damages is governed by certain doctrines that treat the losses as fair and reasonable which in Hadley v. Baxendale [1854] is justified as, "according to the usual course of things" (non-pecuniary) and "supposed to be in contemplation of both parties at the time the contract was made" (pecuniary). Non-pecuniary damages are measured by the loss of bargain, wasted expenditures; and total failure of consideration under the Civil Liability (Contribution) Act 1978. A requirement common to both, of course, is that an injury must have been sustained by the claimant himself nonetheless, differs for while it is pecuniary in actual or compensatory damages, it is, upon the other hand, non-pecuniary in the case of actual damages. The actual loss under judicial discretion is a manifestation yet an assumption to be assessed under no accepted principle but upon which answers may be based. Under the question of significance, whatever reasonably appears to have been significant to the promisor in assuming the risk(Smith, 1997), setting the price and deciding in how much effort to expend in order to perform may be up to the value of an ordinary loss that was contemplated if in fact it did not occur. Guided by the principles of "quantum meruit", express agreements and fixed in a contract shall entitle the aggrieved to claim for what is agreed in

Language Use and Culture Essay Example | Topics and Well Written Essays - 1000 words

Language Use and Culture - Essay Example Informal language on the other hand is used in situations that are more relaxed and often involve people that we are very familiar with. Formal language is mostly used in writing, whereas informal language is used in speech. There are times, however, when informal language is used in writing. Such situations involve writing letters, emails and text messages to friends or family members. Informal Use of spoken language can also be formal. For instance, when a lecturer is giving lectures to students mostly the language is formal. For instance, a statement like ‘We went to Barcelona for the weekend. We have a lot of things to tell you’, is a formal statement. When said informally the statement would be ‘Went to Barcelona for the weekend. Lots to tell you. In his speech, John McWhorter says that people have stopped giving speeches formally and have now changed gradually to give informal speeches. He says that the kind of speech given in an old movie where one clears his throat before giving the speech I and go, â€Å" Ahem, ladies and gentlemen,† is a thing of the past. He continues to say that even the way we write has gradually changed from formal to informal. John says that people, especially young people write as if they are talking not giving about capital letters or punctuation especially when texting. John refers to texting as fingered speech because it is basically a form of speech in writing. Informal language sometimes involves use of slang. Slang may be described as a subset of a language used by a particular group of people. Slang usually consists of words and phrases which are not in the English dictionary. These words and phrases could be distortions of already existing English words or entirely new creations. Slang is used by almost all groups of people in society who have common interests or situations. The group of people that uses slang