Contract Breach and Liability Issues



Contract Breach and Liability Issues

The liability involves subject to the obligation to compensate the damage. When the harmful conduct comes from failure or defective performance of a contract, we speak of contractual liability in the case of independent conduct of contractual duties, but it violates the general duties of conduct (Beale, W.D. Bishop, M.P. Furmston, 2007). The rules relating to liability (tort law) do not have a preventive role-punitive, but only compensatory or damages. So, it should be addressed to the extent of the damage, not the seriousness of the conduct. And that is transmissible mortis cause, to the heirs of the person and is insurable. The civil liability provisions come into operation only if there is damage, which is very reprehensible behaviour. And they are not egalitarian norms, because sometimes depends on the condition of damaged. In this case damages were caused by irresponsible attitude of the animal care provider, Georgia, to the rabbit and house of her client Mr. Malcolm. On the other hand Mr. Malcolm did not read the contract carefully which makes this scenario diffi9cult and also certain contract breach liability issues also arise in here.

Issue

In this case Mr. Malcolm is going away for a week and during this period he needs someone to take care of his pet that is a rabbit and a tropical fish. He hires Georgia for this purpose and they agreed upon the amount of $700 for a week. Georgia send a contract to him in which among other clause it was also stated that she will not be liable for any damage to the fish due to its specific vulnerability. However, Mr. Malcolm signed the contract without reading it. On his return he found that his fish had died and damages to his rabbit also occurred along with the damages aquarium flood caused to his house. Now he wants to stop the payment of $700 due towards Georgia under the contract.

Rule

Under the light of the case, its fact and the actual issue, the legal issues regarding contracts arise. The breach of contract liability needs to be discussed here to show whether it is valid here or not and whether Mr. Malcolm is eligible to sue Georgia for contract breach or not as he did not read the contract himself. On the other hand the liability of damage and performance of obligations may also be applied into the case.

Analysis

The breach of an obligation under a contract is called contractual liability. The problem of contractual liability is fundamental science because legal and contractual liability has certain limits since it is establishment. Contractual liability allows the contractor disappointed to obtain compensation for the "loss" and "loss of profit". The loss corresponds, for example, expenses that have been incurred to conclude the contract or to perform an obligation of that contract. Loss of profit corresponds to the amounts which would have benefited the contractor if the contract had been properly ...