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碩士論文代寫:合同違約對雙方的法律影響

當發生違約時,一方或雙方可以在關鍵條款上表現出履行合同的意願,也可以努力追回因涉嫌違約而造成的任何財務損失。如果合同糾紛上升,而解決任何非正式糾紛的努力都面臨失敗,訴訟將成為下一個最佳選擇。如果問題的價值低於某一具體數字,則當事各方可獲得在索賠法院解決問題的能力。

如果事故是承包商在按時施工時發生的,業主有權根據各種損害理論尋求補救。一般而言,由於承建商的違約保險延誤而引致業主的相應損害賠償,可適用下列損害賠償索償:

延長合同管理和檢查的費用

由於延遲提供全面建造的設施而造成的收入損失

由於未能及時準備新地點,無法利用新的保留設施

由於完工較晚,整個設施的價值降低了

所提供的案件可與因延遲提供全部建造的設施而造成收入損失的損害索賠有關。正如案例中提到的,黃先生明確了賬單的完成日期,但沒有說明背後的關鍵原因,但也沒有消除緊迫感。再往前看,比爾沒有按時完工。由於Bill部分的延誤,導致該建築沒有按照規定的期限按時施工,黃面臨著損失,因為他失去了供應部件的投標。因此,Bill對黃所面臨的損失承擔責任,黃有權要求賠償因延遲交付已完工的15萬美元設施而造成的收入損失。

碩士論文代寫:合同違約對雙方的法律影響

When there is occurrence of breach of contract, one or both the parties may show willingness in enforcement of the contract on the key terms, or may put in effort for recovering any harm of finance caused as a result of the alleged breach. If there is a rise dispute over a contract and failure is faced in resolving any informal attempts, lawsuit becomes the next best option. If the value being issues is below a specific figure, the parties may gain the ability of resolving the issue in the court of claims.
If the fault turns out to be from the side of contractor in constructing the project on time, the owner will have the right of seeking redressal under various theories of damage. In the general sense, the consequential damages for the owner arising due to delay by a defaulting cover of contractor, the following claims of damages are applicable:
Extended costs of contract administration and inspection
Loss of revenue as a result of delay in the availability of fully constructed facilities
Loss of utilization of new facility for retention as there was delay in preparing the new place on time
Value of the complete facility being diminished because of the late completion
The case provided can be related with the claim of damage for the loss of revenue as a result of delay in the availability of fully constructed facilities. As mentioned in the case, Huang specifies the date of completion to Bill, without stating the key reason behind, yet not eliminating the sense of urgency. Further ahead, Bill does not complete the construction on time. Due to this delay from the part of Bill, the building is not constructed on time as per the deadline fixed, and Huang faces a loss as he loses the tender for supplying the components. Therefore, Bill is liable for the losses faced by Huang and Huang has the right of claiming the damages for the loss of revenue as a result of delay in the availability of fully constructed facilities that is accounted at 150,000 dollars.