Title of the paper
Before entering into any agreement one needs to answer the question, “What are you receiving for being a party to this contract?". This principle is known as consideration. For a contract to be deemed legally binding, it must include the benefit that each party expects from the deal.
Consideration only offers a valid basis for an agreement if each p[arty agrees to make changes in their stands or “position”. This comes as a result of;
a) A promise to do something you are not legally ...view middle of the document...
* Equity – the injunction is a type of equity remedy as a specific performance in which someone who enters into contract is forced to execute whatever promises has been reneged upon.
As common law, damages are into actual damages and punitive damages. Actual damages are further divided into special damages which are economic losses such as loss of earning and property damage and non-economic damages like pain and suffering and emotional distress.
Question 2: If you did not agree to their terms, and they walked out, what would you have been able to do if the orders weren’t fulfilled and the business lost $10,000.00?
It is important to remember only the parties to the contract may enforce the terms of the agreement. The owner of the company could reject the agreement on the basis of not being privy of the contract between the manager and the employees.
If the two employees (Sam and Dan) incited 4 other employees and didn’t report to work on the busy day the company would have lost ($ 10,000) resulting into economic losses (special damages) sue able in the court of law. The employer had all the right to take them to court, a court generally awards the sum that would restore the injured party to the economic position they expected from performance of the promise or promises. Expectation measure or benefit-of-the-bargain measure of the damages as a result of loss of money from the function due to non-delivery of flower were also likely to be spoilt being perishable goods making the company to lose $10000.
The employer would have suffered hedonic damages, compensate the claim for the non-monetary aspects of the specific harm suffered. James would have suffered emotional pain as a result of economic and loss of company reputation.
James would have sued the six employees together with the manager for having contributed to the loss of $10000 (ten thousand dollars) and hence demand compensation.
Furthermore, the name of the company would have been tarnished due to the workers negligence of duties whereby the four orders of weddings would not be delivered due to their responsibilities then held responsible...