Assignment First

加拿大大学申请essay:黄的合同或法律权利

违约损害赔偿可以按照附表的内容提出索赔。按时完成大型建设项目,取决于多个行业和承包商工作的正确衔接和顺序。随着谚语的流传,时间与金钱有着直接的关系,当项目偏离了关键的路径时,随着重新获得进度延迟的尝试而导致的延迟最终会改变时间并阻碍对成本的估计,从而进一步导致组织蒙受损失。同样,如果错误地从合同日期起延长履行期限,则业主可能会因迟延履行而蒙受损失,随后会提出要求赔偿损失的诉讼。由于建筑师、业主或任何其他承包商方面的过失,承包商可能会提出延期索赔,要求收回施工现场超出预计时间的潜在额外成本。

当两个不同的当事人订立合同,而其中一方违约时,那么受害一方就有权获得两种不同类型的救济。这些是法律补救和衡平法补救。在衡平法救济中,有改革、撤销和具体履行等选择。在法律救济中,有补偿性损害赔偿、清算性损害赔偿、惩罚性损害赔偿和律师费等选择。黄将有权要求法律救济,因为衡平法上的救济因违反合同而不能适用。法律上的补救措施往往最终形成金钱上的损害赔偿,而金钱上的损害赔偿是为帮助创造无辜的一方的完整而给予的。补偿性损害赔偿是对受影响的一方就臀位作出的赔偿。这些包括间接损害赔偿和预期损害赔偿。预期损害赔偿是指违约方在履行合同过程中可能收到的向违约方提供货币资金的赔偿。多数情况下,这些损害是基于合同本身或市场公允价值下的合同主观性。

根据本案的情况,黄有权要求赔偿预期的损失,金额为15万美元,因为这是他按照投标条款和条件履行合同时所使用的金额。

加拿大大学申请essay :黄的合同或法律权利

Damages for breach of contract in context with schedule can be claimed. Completing large projects of construction on time is dependent on the correct interfacing and sequencing of the work of several trades and contractors. With the passage of adage, time has a direct implication with money, and when there is straying of project from the crucial path, delays along with attempts on regaining slippage of schedule end up altering time and foiling estimates of cost, further causing the organizations for incurring losses. In the same way, when there is wrongful extension of performance from the date of contract, losses may be sustained by the owner as a result of delay, followed by the introduction of suit for the recovery of the damages. There can be filing of delay claims by the contractors for recovering the extra costs underlying the performance of job site more than the time estimated because of the fault from the side of architect, owner or any other contractor.
When two different parties come in a contract and it is breached by one party, then there is a right to two different types of remedies for the suffering party. These are legal remedies and equitable remedies. In equitable remedies, there are options such as reformation, rescission, and specific performance. In legal remedies, there are options such as compensatory damages, liquidation damages, punitive damages, and attorney costs and fees. Huang will have the right of claiming legal remedies as equitable remedies cannot be applied due to the breach of contract. Legal remedies often end up forming as monetary damages, which are awarded for providing assistance in creating wholeness of the innocent party. Compensatory damages are the ones for providing compensation to the affected party for the breech. These are inclusive of consequential damages and expectation damages. Expectation damages are the ones providing monetary funds to the breaching party that might have been received by him in the performance of the contract. Most of the times, these damages are on the basis of the contract itself or the fair value of market under the subjectivity of the contract.
In context with the case provided, Huang holds the right of claiming the expectation damages that are at the value of 150,000 dollars as this is the amount that he would have used in performing as per the terms and conditions of the tender.