Wednesday, 22 May 2013

Damages for breach of contract

The relationship between an airline passenger and an airline is a contractual relationship.

A contractual relationship is a legal relationship between two or more persons whereby they agree either in an oral or written manner to perform reciprocal legal obligations. This may involve the exchange of cash for the performance of service.

A contract may be simple/formal, implied/express or bilateral/unilateral. An express contract is contract where the terms are clearly spelt out while an implied contract is one which is not express. The court in this case, construes a contractual relationship from the conducts of the parties.

Meanwhile, where a party fails to perform his obligation under a contract, this amounts to a breach of contract, entitling the other party to a compensation.

See link for a case of breach of an implied contract and award.http://bit.ly/12NqsOt

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