Remedies for breach of contract essay

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Remedies for breach of contract essay

It has seemed to me worth while to show from the history of civilization just what war has done and has not done for the welfare of mankind. In the eighteenth century it was assumed that the primitive state of mankind was one of Arcadian peace, joy, and contentment. In the nineteenth century the assumption went over to the other extreme — that the primitive state was one of universal warfare.

This, like the former notion, is a great exaggeration. Man in the most primitive and uncivilized state known to us does not practice war all the time; he dreads it; he might rather be described as a peaceful animal. Real warfare comes with the collisions of more developed societies.

If we turn to facts about the least civilized men we find proofs that they are not warlike and do not practice war if they can help it. The Australians have no idea Note.

Their fights do not lead to slaughter or spoils or other consequences of victory. Quarrels between tribes are sometimes settled by a single combat between chiefs. They have no political organization, so there can be no war for power. An Englishman who knew them well said that he knew of serious wounds, but he had known of but one death from their affrays.

We are told Edition: Perhaps the converse would be true: We are not astonished to hear that they develop excessive tyranny and cruelty to those who are weaker than themselves, especially to women, and even to their mothers.

This is attributed in great part to head-hunting and cannibalism. In general they know the limits of their own territory and observe them, but they quarrel about women.

In one case only had he heard of war for any other reason; three brothers, Barolongs, fought over one woman, and their tribe had remained divided, up to the time of writing, into three parties.

During his residence in the Bechuana country he never saw unarmed men strike each other.

Legal Remedies for Winning Breach of Contract | Essay Example

They quarrel with words, but generally both parties burst into a laugh and that ends it. A Spanish priest, writing an account, inof the Aurohuacos of Colombia, 5 says that they have no weapons of offense or defense.

Remedies for breach of contract essay

If two quarrel they go out to a big rock or tree and each with his staff beats the rock or tree with vituperations. The one whose staff breaks first is the victor; then they embrace and return home as friends.

Even our American Indians, who appear in Edition: Wampum strings and belts were associated with peace-pacts and with prayers for peace. In contrast with these cases we find others of extreme warlikeness which account for the current idea that primitive men love war and practice it all the time.

But if we examine the cases of peacefulness or unwarlike-hess which have been cited, we see that only two or three seem to present evidence of Arcadian peace and simplicity, such as, in the imagination of the eighteenth century philosophers, characterized men in a state of nature.

Probably if we had fuller knowledge these few instances would be much modified.Remedies for breach of contract Contrary to what most people might think, the solution for breach of contract is not designed to punish the guilty party, instead it is to protect and preserve the rights and reasonable expectations of the party seeking reimbursement.

Discharge by breach of contract means when a party having a duty to perform a contract fails to do so or does an act which leads to the non-performance of the contract or refuses to perform the contract. There is said to be a breach of contract. Risk is the possibility of losing something of value.

Remedies for breach of contract essay

Values (such as physical health, social status, emotional well-being, or financial wealth) can be gained or lost when taking risk resulting from a given action or inaction, foreseen or unforeseen (planned or not planned).Risk can also be defined as the intentional interaction with uncertainty.

Contract Law at Lancaster is studied from an interesting perspective – we begin by looking at resolution for breach of contract. This includes monetary compensation, injunctions and orders compelling parties to carry out their promises.

Misrepresentation In Business Law - Introduction to Business Law- Assignment 1B Advise TLC Ltd. as to any possible action they may have for misrepresentation against answer Ltd. _____ _____ Treitel in The Law of Contract () defines a contract as: "An agreement giving rise to obligations which are enforced or recognised by law.

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