1 / 17

Contract Breaches and Remedies

Contract Breaches and Remedies. Session 7 Build a contract Breaches & Remedies. Build A Contract. Contents of Contract Parties Date Terms Signatures, Witnesses, Seals. Build A Contract. Harry Jones wants to hire Smith Concrete which is operated by John Smith to build a garage pad.

kiana
Download Presentation

Contract Breaches and Remedies

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. Contract Breaches and Remedies Session 7 Build a contract Breaches & Remedies

  2. Build A Contract • Contents of Contract • Parties • Date • Terms • Signatures, Witnesses, Seals

  3. Build A Contract • Harry Jones wants to hire Smith Concrete which is operated by John Smith to build a garage pad. • Smith quoted a price of $6,500 for the garage pad including all materials, labour and equipment. • Smith excluded cleanup • Smith wants payment 5 days after completion • Break into groups and draft a contract. • Make sure that you include all clauses that you think are needed (don’t worry about the detail – get the intent down)

  4. Origins of Disputes • Breach of Contract • Tort Issues – Breach of “Duty” • Statutory – Competition Act

  5. Nature of a breach • Major – going to basic value of contract to one party • Minor – insufficient to cause void of contract

  6. Results of Breach • Fundamental Breach - Contract voidable by offended party • Breach of Warranty - Damages

  7. Intent of damages • The idea of damages is to compensate with money for a non-monetary problem

  8. Other remedies • Specific Performance

  9. Where to go to get satisfaction • Courts • Alternative Dispute Resolution

  10. Alternative Mechanism • Litigation • Alternative Dispute Resolution

  11. Court Action – litigation • Provincial Court • Civil Claim • Dispute Note • Pre-trial Hearing / Compulsory Arbitration • Trial • Judgment • Enforcement through Court of Queen’s Bench

  12. Court Action - Litigation • Court of Queen’s Bench • Statement of Claim • Statement of Defence • Affidavit of Records • Examinations for Discovery • Trial • Judgment • Enforcement

  13. Alternative Mechanisms • Negotiation • Mediation • Arbitration

  14. Negotiation • Principled vs. Positional Negotiation • Getting to Yes • Don’t Bargain over positions • Separate the people from the problem • Focus on interests not positions • Invent options for mutual gain • Insist on using objective criteria

  15. Mediation • Impartial Mediator – skill of mediator often overlooked • No decision unless by parties • Counsel there only as an advisor – parties do most of the work

  16. Arbitration • Arbitration Agreement • Sets the rules • Establishes the questions to be asked • Defines all the details: transcripts, costs, appeals • Private Court • Parties pick the judge – the arbitrator • Arbitration Act – gives judgment the weight of a decision of the Court of Queen’s Bench • Quicker and cheaper than trial • Less formal than trial

  17. Best Way • Depends on nature of dispute • If question is primarily one of law – courtIf fact-based and special knowledge needed – arbitration • If parties are still talking – negotiation or mediation

More Related