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Words: | Submitted: Fri Jan 28 2005
... had been properly performed. This I think is a good balance, which is beneficial to both parties. However there are three limitations, which will be considered; causation, where a person will only be liable for losses caused by their breach of contract; remoteness, where the loss is considered too remote from the breach for it to be compensated for; and mitigation, where the claimant is under a duty to reduce their loss. If contractual obligations are not respected, the delinquent party is said to be in "breach of contract". Breach of contract allows a party to bring the party in default to court and to get the court to correct the situation, as best the court can. Because a contract is private law, the courts will not throw the full brunt of the law against a person found to be in breach of contract. On the other hand, as discussed below, ...
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