Business RelationshipsA contract refers to an agreement which is made between two or more parties which creates an obligation for the parties to do or not to do something. A breach of contract therefore refers to the existence for an agreement or a bargain for exchange whereby if one of the parties fails to honor without giving a valid legal excuse or to live up to the responsibilities given under the contract. Several actions can result in a breach of contract; when one fails to fulfill a promise, or when one makes it practically impossible for another person to do his part or work, or when the person makes it known that there is an intention for one not to perform.
A contract may either be breached in part or in whole. The most common applicable remedy for breaching a contract is usually damages which lead to compensation for the losses incurred Keenan (2005, p. 46). In this case, Mr. Johnson breached the contract with Mrs. Lastic when he failed to avail the White Rolls Royce car for Mrs. Lastic’s daughter’s wedding.
Mrs. Kay breached the contract with Mrs. Lastic when she failed to take the wedding photographs during the day of the wedding and Mr. Leslie breached the contract with Mrs. Lastic when he served the guests with chicken which were contaminated with Salmonella during the day of the wedding making the guests sick. Mildred also breached the contract with Mr. Johnson after she failed to avail the car to Mrs. Lastic on the day of the wedding as they had earlier on agreed. My advice to Mrs. Lastic: Though it is not always a must, it is highly recommended that all contracts must be in writing.
The Statute of Frauds is intended to prevent people against making fraudulent claims which may arise in the breach of contract. In this case, Mrs. Lastic made an error when she failed to have the contract in writing. This might turn out to be difficult for her to sue Mr. Johnson, Mrs. Kay and Mr. Leslie because she had no written contract with them. But on the other hand, Mrs. Lastic can be able to sue them because the Statute of Frauds states that given the type of contract, she can be able to enforce the contract because she orally agreed with the parties mentioned above as she can clearly memorialize the contract.
Mrs. Lastic is therefore liable to sue for breach of contract which lies within the Statute of limitations. The Statute of limitations are laws which set the maximum period of time or the deadline within which one can be able to file a lawsuit. It will therefore be advantageous for her to sue quickly because the right to file a lawsuit or sue someone may be barred if the claim or lawsuit is not filed before the required deadline set by the state.
A statute of limitations can be extended over the set time if certain conditions are possible.