Breach Of Contract Essay
Breach Of Contract
Breach of contract simply means non performance without excuse or intrusion with other party’s performance with regards with bargained-for exchange or agreement made by one or more parties concerned. The claimant or the complainant in cases of breach of contract is said to be a plaintiff. It refers to a party seeking for a legal remedy by initiating a charge on the court. He also seeks judgment favorable to him and appropriate from legal basis. Not every single case of breaches of contract will be automatically agreement killers or will end up in incriminate.
There is what we call material and immaterial breaches. The lawsuit depends on whether it is material or immaterial and also depends on who the parties are. Immaterial breaches are simple cases which can be ignored. It can be fixed by giving opportunity for the defendant to correct and fix the breach. One case of breach of contract is the 2006 case charge against Howard Stern, American radio personality by CBS radio. The CBA radio takes legal action against their former star due to inappropriate used of radio airtime just to build up his potential employer, the Sirius Satellite Radio.
And also he was charged due to gained financial reward thru the help of stock sale of CBS radio(Carter, 2006). With this case, the breach is said to be done because the allegedly defendant is of makings things out of his responsibilities and out of the agreement made. As a defense, he can simply use the issue of personal vendetta. He may say that they only using the charges just to annihilate his image as a radio star. If the breach will end up in victory for the Plaintiff, the CBS, they could attain financial payments for the said breach. Reflection
Knowing the ideas on breach of contract is necessary for any business related individual as to know what to do to avoid things concerning breach of contract. Because breach of contract may happen in many ways, it is necessary for me as a business practitioner to be able to know much about this. We should know that breach of contract may happen in following cases, one is when a corporation ordered a product from me as an example and when time of delivery it will not accept it or even accept it but they won’t pay for it, I can charge them breach. Second is when corporation tries to interfere with my business which is also another case.
Third is when a one of my former employee opens his own business and when gives criticisms against his my business we can also say that it is a breach. For us as a business entrepreneur, knowing the laws in a business community is an essential part especially if we are only a newcomer to the world of business. Being new does not mean we should always be ignorant of the things we should be most likely aware of. There exist a lot of things that should be known and understood with regards with our business. The topic in breach of contract is one of the noted laws in a business community that seems to have a lot of cases.
By giving attention to the topic we could further think of ways how to avoid or if not meant to do so we can find ways to solve it. To be able to attain success, not just know how to make our business work out, we should always consider what the things that should be done and the things not should be done. Preparing for a business seems to be tedious but knowing the game of business can help much in business progress. References: Carter, B. (2006). CBS sues its former star for breaches of contract [Electronic Version]. Retrieved July 13, 2007 from http://www. iht. com/articles/2006/03/01/business/stern. php.