Discussion 2

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I was involved in a breach of contract.

I worked night shift back in 2015, and I had rented out an


apartment closer to my workplace. The rental agreement was for one year, as in most of the
cases. After eight months into moving, the landlord had his rooftop reconstructed. The
construction happened in the daytime, which was expected. The only problem with that was that
I was working night shift, and I used to reach home by 5 AM. The construction would start
around 8 or 9 AM, and the construction workers used to drill and use the machines, which of
course, created very loud noises due to which I was unable to sleep the whole day. I went to my
landlord and asked how long it would take to, which he replied a couple of months. I did not say
anything to him at that point. A week went by, and I had a lack of sleep. I was so unproductive at
work every day. I thought about moving to another apartment, but I knew my rental agreement
was for a year. I was ready to take charge, and I went and spoke to my landlord again and
explained why I needed to leave because of the construction noise affecting my work. At first,
my landlord said I had to pay five months of rent due to the breach, but after talking through it,
we negotiated and settled it down to spend two months of extra rent before I left.

In general, the remedies for breach of contracts look fair to me. Various treatments exist for a
violation of the agreement. Depending on the situation, the necessary compensation or remedy
can be decided. Different types of remedies equitable remedies (rescission, restitution, specific
performance, and reformation), monetary damages (compensatory, consequential, punitive, and
nominal), and Alternate Dispute resolution (non-litigation) which includes mediation, settlement
conferences, neutral evaluation, and arbitration. The non-breaching party may select a strategy
that suits best with their situation with numerous available options.

In my case, I think the remedy was fair since I had to breach the contract due to my situation, and
I am glad that we're able to settle it down via monetary negotiation.

References

 Cross, B. & Miller, R., 2018.  The Legal Environment of Business, 10th edition, Cengage
Learning (Chapter 13: Contract Performance, Breach, and Remedies).

 Remedies for Breach of Contract—Judicial Education Center. (n.d.). Retrieved October


7, 2020, from http://jec.unm.edu/education/online-training/contract-law-
tutorial/remedies-for-breach-of-contract

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