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Torts & Contracts Assignment

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TORTS & CONTRACTS ASSIGNMENT from 2016. Distinction mark for the assignment. Snippet: Damages are awarded where a fundamental breach of contract is proven, and where factual causation and remoteness are satisfied. The onus will lie on the defendants to prove a lack of mitigation. The following advice is made in relation to seeking damages for the breach of contract.

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13 Pages Essays / Projects 1-2 Years old
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Torts & Contracts Assignment
Topics this document covers:
Law Contract law English contract law Legal documents Judicial remedies Common law Penalties in English law Liquidated damages Contract Remoteness in English law Fundamental breach Fiduciary Jackson Hadley v Baxendale Luna Park
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Topics this document covers:
Law Contract law English contract law Legal documents Judicial remedies Common law Penalties in English law Liquidated damages Contract Remoteness in English law Fundamental breach Fiduciary Jackson Hadley v Baxendale Luna Park
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The onus will lie on the defendants to prove a lack of mitigation. The following advice is made in relation to seeking damages for the breach of contract. Breach of Contract The tenants breached the contract by sub-letting Jackson’s property without his express permission, giving rise to termination, although this may be contested to be an ‘intermediate term’1 instead of a ‘condition’2 dependent on how it is construed. Causation In order to recover damages, factual causation must first be established. This is presented through the ‘but for’ test3. Therefore, ‘but for’ the tenants sub-letting Jackson’s property and subsequently breaching the express clause in the contract Jackson would not have terminated the contract and his premises’ would not have been vacant until the 31st of December. Furthermore, it is relevan...
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