代寫論文-建築合同違約和索賠的案例分析

在建築合同的情況下，主要涉及三種不同類型的損害，即不履行、與進度有關和工藝缺陷。在這種情況下，在合同法的背景下對傳統的普通法原則進行損害賠償的說服(Hamilton, 2011)。在違背承諾的情況下提供救濟可被視為控制的關鍵目標，不贊成對某些業績作出公平的補救。法院監督下的某些履行命令，實際上要求當事人按照合同的約定履行，這在《建築法》中特別不受歡迎。這是因為建築合同的履行要求法院的監督和建立評估合同履行的標準(Webb, 2006)。因此，共同違約救濟可以被具有貨幣價值損害賠償的國家視為替代履行實際協議的救濟。代寫論文-建築合同違約和索賠的案例分析將簡要概述案件，評估關鍵事實，以確定是否存在違約行為，以及是否可以索賠。將在此討論和評價的基礎上起草關鍵結論。

It also occurs if there is no performance with respect to the terms of the agreement, or does not delivery any performance. In accordance with the same, a contract breach can be categorized as either immaterial or material with the key purpose to determine appropriate legal remedy or solution for the occurrence of breach. As in the case overviewed, Bill and Huang came in a contract for the construction of a workshop and a garage to be completed strictly on 1st November. The contract they came into is legally binding and there is no doubt in the validity of contract. The strict deadline had been stated and Bill failed in meeting the deadlines as a result of which Huang’s tender is cancelled and faces a loss of 150,000. There has been a breach of contract as the strict deadline was provided to Bill and he failed on his part.

One of the most significant case example for breach of contract under expectation damages is that of Hadley v. Baxendale, 156 Eng. Rep. 145. In the case, at a mill, a crank shaft ended up breaking and the owner of the miller had to consider sending the piece to the manufacturer for making a new one that should be exactly the same (Danzig, 1975). The owner of the mill and the courier that was used for sending the crank shaft had been involved in a contract to deliver it to the manufacturer the next day. However, the contract was breached by the courier and the delivery was not made until several days. The courier was sued by the mill for the loss of profits that he might have made if the delivery was done on time. Though the recovery for loss of profits was ruled out by the court, it was mentioned that in these types of cases, the injured party can claim for the damages caused naturally as contract is breached.
Further ahead, in the case of Hawkins v. McGee, 84 N.H. 114, 146 A. 641 (N. H. 1929), Hawkins went through a surgery for repairing scar tissue on his hand as a result of a burn. 100 per cent guarantee was provided to Hawkins by McGee. However, as a result of certain medical complication, success was not achieved in the surgery and Hawkins was provided with a hairy hand. Damages were sought by Hawkins for breaching the contract because of the failure of McGee for the delivery of performance that includes suffering and pain (Boshkoff 1991). The claims of tort could not be brought by Hawkins as no negligence had been proved.
Even though the above mentioned cases were unsuccessful in claiming the expectation damage, in the case provided for the paper, it will be favourable for claiming the damage under the provision of contract law.

As identified in this paper, Huang has the right of claiming for the loss of damage that he borne as a result of the delay in completion of project by Bill that is 150,000 dollars. A number of different clauses related to the contract law hasve been discussed in the paper to support this answer. Also, theoretical evidence has been provided regarding the validity of the contract and the breach of contract. In addition, the paper has discussed about two case laws having similar facts to support the answer as required for the case study provided.

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