Mother of eight-year-old victim still seeking justice for son's death - 28 April Estelle Sinkins, the mother of eight-year-old James Sinkins, who was mauled to death four months ago when their neighbour's two Alsations leapt over the garden fence and mauled the little boy was he was playing in his garden, says she and her husband will continue to fight for justice. Estelle Sinkins confirmed on Friday that she had made representations to the office of the KZN director of prosecutions after a "really horrible experience" with the senior public prosecutor assigned to the case. Sinkins said she had requested a meeting with chief prosecutor Nonhlanhla Dlamini to discuss the "prosecutor's behaviour".
In courts of limited jurisdiction, the main remedy is an award of damages. Because specific performance and rescission are equitable remedies that do not fall within the jurisdiction of the magistrate courts, they are not covered in this tutorial.
What Damages Can Be Awarded? There are two general categories of damages that may be awarded if a breach of contract claim is proved. The amount awarded is intended to make good or replace the loss caused by the breach.
There are two kinds of compensatory damages that the nonbreaching party may be entitled to recover: General damages cover the loss directly and necessarily incurred by the breach of contract.
General damages are the most common type of damages awarded for breaches of contract. Company A delivered the wrong kind of furniture to Company B. After discovering the mistake later in the day, Company B insisted that Company A pick up the wrong furniture and deliver the right furniture.
Company A refused to pick up the furniture and said that it could not supply the right furniture because it was not in stock. Company B successfully sued for breach of contract. The general damages for this breach could include: These are actual losses caused by the breach, but not in a direct and immediate way.
To obtain damages for this type of loss, the nonbreaching party must prove that the breaching party knew of the special circumstances or requirements at the time the contract was made. In the scenario above, if Company A knew that Company B needed the new furniture on a particular day because its old furniture was going to be carted away the night before, the damages for breach of contract could include all of the damages awarded in the scenario above, plus: Unlike compensatory damages that are intended to cover actual loss, punitive damages are intended to punish the wrongdoer for egregious behavior and to deter others from acting in a similar manner.
Punitive damages are awarded in addition to compensatory damages. Punitive damages are rarely awarded for breach of contract. They arise more often in tort cases, to punish deliberate or reckless misconduct that results in personal harm.
How are Compensatory Damages Calculated? The calculation of compensatory damages depends on the type of contract that was breached and the type of loss that was incurred.
Some general guidelines are: The standard measure of damages is an amount that would allow the nonbreaching party to buy a substitute for the benefit that would have been received if the contract had been performed.
Contracts for the Sale of Goods. The damages are measured by the difference between the contract price and the market price when the seller provides the goods, or when the buyer learns of the breach.
An important limitation on the award of damages is the duty to mitigate. The nonbreaching party is obligated to mitigate, or minimize, the amount of damages to the extent reasonable. Damages cannot be recovered for losses that could have been reasonably avoided or substantially ameliorated after the breach occurred.Download-Theses Mercredi 10 juin Not only is the Institute meeting a felt need by students but it has also achieved recognition by employers, many of whom sponsor their employees as students; and by the colleges, where the Institute’s examinations have been incorporated into business studies training programmes as a first step towards a more advanced qualification.
Corporate and Business Law- F4 (Zimbabwe) ‘It seems to me that respondent’s loss was one flowing naturally and generally from appellant’s breach of contract and one which the law should presume to have been contemplated by the parties as a probable result of the breach..
7 Breach of Contract and Remedies. Uploaded by /5(3). Get information on Employment Contract Rights and labour laws for employees in Zimbabwe. Most workers in Zimbabwe are on Fixed Term Employment Contracts.
According to Labour Law, fixed term contracts expire at the end of the term specified. Employment maybe terminated by mutual agreement. Read more on Mywage Zimbabwe.
Act No. 25/ Gazetted: Friday 21st January, (General Notice 17 of ) Commencement: 1st February (Statutory Instrument 17 of ). Contracts: termination.
by Related Content. A practice note outlining the law on terminating a contract under a termination clause and at common law. It discusses repudiatory breach and other common termination events, including insolvency.
It also considers which contracts can be terminated by reasonable notice under an implied .