Business Law Cases free essay sample

The case presented here falls under the doctrine of Contract Act, 1872 and especially under the provisions regarding breach and remedies for breach of a contract. When the rights and responsibilities arising out of a contract are extinguished, the contract is said to be dissolved or terminated. A contract may be dissolved in any of the following ways: 1. By Agreement: A contract can be terminated by an agreement between the same parties who entered into the contract with mutual agreement. 2. By Performance: As the parties into the contract complete performance of their shares of promises a contract in terminated. 3. By Frustration: A contract can be terminated by the impossibility in the fulfillment of the purpose of the parties in entering into a contract. 4. By Breach: When a contract is not honored by one or more of the parties to the contract by non-performance or interference with the other partys performance. 5. By Operation on Law: Discharge of a contract by operation of law may occur by merger, by insolvency or by alteration of the written document. We will write a custom essay sample on Business Law Cases or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page In the case in concern, Nike (BD) Ltd. enters into a contract with Sunshine Fabrics for supply of 50,000 pcs of T-shirt as per sample and design. One of the provision/ stipulation of the said contract was that-â€Å"the Sunshine Fabrics would not sell to his other customers for a period of 2 years any T-shirt of the same design and description†. Eventually the said design T-shirt (of Nike) became very popular in Bangladesh and, many retail shops show keen interest to buy them at higher price and as such, Sunshine Fabrics started selling them to different shops ignoring their contract with Nike (BD) Ltd. This is a clear case of breach of contract. A breach of contract is failure to perform as stated in the contract. When a contract is broken the party who suffers on account of it has one or other of the following remedies: 1. Damage: Damages are moneytary compensation allowed to the injured party for the loss or injury suffered by him as a result of the brach of contract. 2. Specific Performance: Specific performance means the actual carrying out of the contract as agreed. 3. Injunction : Injunction is an order of a court restraining a person from doing a particular act. It is a mode of securing the specific performance of the negetive terms of a contrct. 4. Cancellation of the instrument: When there is a breach of contract by one party, the other party may rescind the contract and need not perform his part of obligations under the contract. 5. Rectification of the instrument: When through fraud or mutual mistake of the parties a contract or other instrument in writing does not truly express their intention; either party or his representative in interest may institute a suit to have the instrument rectified. In the case personated Nike (BD) Ltd. s the party who is the sufferer of the breach of contract. Along with damage, Nike (BD) Ltd. can also file a suit for injunction and cancellation of the instrument. The fundamental principle underlying damages is not punishment but compensation. By awarding damages the court aims to put the injured party into the position in which he would have been, had there been performance and not breach, and not to punish the defaulter party. As a general rule, â€Å"compensation must be commensurate with the injury or loss sustained, arising naturally from the breach. Where the party has suffered no damage on account of the breach, the court may still award him nominal damages in recognition of his right. In this case, Nike (BD) Ltd. has suffered an actual loss which arose in the usual course of things from the breach. Thus Nike can claim substantial damage to compensate its suffering. Injunction is a discretionary remedy of the Court. An injunction may be temporary or perpetual. Where a party is in breach of negative term of a contract, the court may, by issuing an injunction, restrain him from doing from what it is promised not to do. Thus injunction is a preventive relief. Since in this case, Sunshine Fabrics is doing an act (selling T-shirts of the particular design) which it promised not to do Nike (BD) Ltd. can file a suit claiming injunction. Along with claiming damages and injunction Nike (BD) Ltd. can also apply for cancellation of the instrument. If one or more of the major provisions of a contract is broken the party suffering from it can apply for cancellation of the instrument. If one or more of the minor provisions is broken the sufferer party can apply for damages but not cancellation of the instrument. In this case Sunshine Fabrics has broken a major provision of the contract. So, Nike (BD) Ltd. can apply for cancellation of the instrument. In reply of Nike (BD) Ltd. ’s legal notice Sunshine Fabrics asserts that the contract which they signed with Nike (BD) Ltd. is, in fact, void, in as much as, the same is in restraint of trade. Sunshine Fabric’s assertion is however unjustified. The agreement stating -â€Å"the Sunshine Fabrics would not sell to his other customers for a period of 2 years any T-shirt of the same design and description† is not in restraint of trade rather merely â€Å"restraining freedom of action†. Thus we can conclude that, every thing else being equal, the case is in very much favor of Nike (BD) Ltd. Sunshine Fabric’s claim of the contract’s being â€Å"void† has no legal grounds. However, if Sunshine Fabrics can anyway prove that its agreement of not selling any T-shirt of the same description to its other customers for a period of 2 years was a minor provision of the contract, Nike (BD) would not be able to cancel the contract but still would be awarded damage and, on the Court’s discretion, injunction.

Job Satisfaction Essay Sample

Job Satisfaction Essay SampleA job satisfaction essay sample is a kind of essay sample that has been used by students to get good grades in their school subjects. It is the fact that writing essays has an important role in school subjects. Therefore, it is necessary to learn how to write well and be able to write the best possible essay.The best way to use a job satisfaction essay sample is to write about something you are very happy about in your work or in your life. This is the only place where you can add something that would help you achieve the best grades. Therefore, it is important to pay attention to this point.If you are just new to writing, this is the best way to start because it will not take long for you to write a great quality essay. All you need to do is to write about something that is important to you. For example, if you are a student, you can write about your joy with school. A job satisfaction essay sample may be something you can put in your resume or as a work -related task that you can get from your employer.Your great job satisfaction essay will not only have a basic purpose but it will also show the other people around you that you care about what they think about you. Since your friends are the ones who know you the best, they can tell whether you are happy or not. If they think that you are in a happy mood, then you are surely happy and if they see that you are not in a happy mood, then you must be very unhappy with your life.Writing something good is also one of the best ways to improve your writing skills. When you are able to write good essays, you will have a higher chance of getting a good grade in your school subjects.There are different examples in the job satisfaction essay sample that is intended for students. You can check it in books, internet, or even your school library.You may think that the job satisfaction essay sample is just meant for adults. However, this sample can also be a good resource for teens. It is just nec essary for you to remember that these lessons were designed to make teens are more knowledgeable about writing and school subjects.If you would like to give yourself a great job satisfaction essay, you should check out the references from your friends and family. They can also help you in learning how to write the best essay.