Williston on Contracts Case Study Example | Topics and Well Written Essays - 500 words

Williston on Contracts - Case Study ExampleWithin a few days after the completion of the agreement, the plaintiff learned that the Government had lessened the amount of mineral pitch that was predetermined under the contract by rough the number of tons of lessening supposed in the complaint. The suspect was directed by the plaintiff conscious of its receipt and on the contention that the lessening of asphalt considered under the contract would augment the unit hail in the act of the contract. The defendant replied to the plaintiff confirming the plaintiffs information concerning the reduction of asphalt required under the contract and promising to submit to the proper Government officials requests for increased unit prices. The defendants letter was acknowledged and the plaintiff signed its intention of proceeding with performance of the contracts as changed, and announce confidence that defendant would adequately present to the Government the plaintiffs request for an increase i n unit prices for practice under the contract. The defendant later wrote to the plaintiff saying that it had received from the Government a change order providing for the changes in the original contract that resulted in the reduction of the asphalt requiredThe plaintiff sought to recover the expenses incurred in shipping the large asphalt plant to the place of performance of the work and in installing and equipping the plant for the production of 50,000 tons of asphalt. Further, there was a demand for destroy and returning the asphalt plant to the point from which it was shipped as damages for burst of the contract.RATIONALE The fundamental al-Qaida for an award of damages for contravening a contract is just compensation for losses necessarily flowing from the breach (Lord, 1338). In addition, while the breach of contract gives rise to a right of action, it is nevertheless possible for a breach to occur without causing damage.