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Business
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| Number of pages / Number of words: |
4 / 903 |
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The Erlichs testified to fear for their lives and their daughter’s safety if the home was to collapse. Barry Erlich claimed physical distress as well because he suffered from a permanent heart condition, partially attributable to excessive stress.
A breach of contract include, non-delivery or late delivery of goods; supplying goods that do not meet the specifications of the contract; not providing the goods in the right quantity; charging prices or imposing terms different from those agreed upon; failing to pay for goods; seller unable to maintain or to provide parts and repair services, or to honor warranty on equipment or products sold; the disclosure of collusion or price-fixing involving the successful bidder, after the contract has been awarded; and violations of state statutes(e...
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In determining whether a failure to render or to offer performance is material, the Restatement of Contracts lists the following circumstances as significant: (a) the extent to which the injured party will be deprived of the benefit which he reasonably expected; (b) the extent to which the injured party can be adequately compensated for the part of that benefit of which he will be deprived; (c) the extent to which the party failing to perform or to offer to perform will suffer forfeiture; (d) the likelihood that the party failing to perform or to offer to perform will cure his failure, taking account of all the circumstances including any reasonable assurances; (e) the extent to which the behavior of the party failing to perform or to offer to perform comports with standards of good faith and fair dealing, (Breach, 2007)...
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