The Consequences of The Non-performance of The Contract

In a contract, non- performance mostly occurs when the terms of agreement or obligations stated are not complied with or executed. The remedies are usually based on consequential and compensatory damages which are commonly addressed in different contracts depending on the terms of agreements. For non-performance, the remedies typically depend on excusal and non-excusal of the non-performance as accorded in the contract laws or from the behaviors of the parties involved. For instance, in a situation of a non-performance where one party is not excused, the aggrieved party may have the right to make claims on performances. This may range from the recovery of money to damage claims. On the other hand for an excused, non-performance, the aggrieved party might not have the right to claim damages or specific performances. In other instances, the law equally allows the parties to apply substituted performances and forced performances as remedies for on performance.

The new-hire orientation currently involves the passing out of employee handbooks whereby the employees are required to sign a form of acknowledgement that shows that they are conversant with the policies of an organization. These disclaimers embedded in these handbooks are usually vital in different ways. For instance, they give the top leaders of the company the freedom to construe the stipulated policies in their ways. Besides, the employment-at-will disclaimer is similarly known to allow the employees to fill contract forms at the discretion of the employer. This becomes vital to the employees who are fired as they can have ground to raise the issue relating to terminations or wrong discharge. Moreover, a disclaimer mostly helps protect the interest of the company especially when it chooses to modify the workplace rules to fit the workforce.

The exclusive contract is always considered crucial in different instances because it usually allows the institutions to make contracts with medical groups or physician for the supply of some specific services. However, dealing with exclusive contracts under the antitrust provisions is mostly deemed as a controversial practice. This is because the antitrust authorities are usually concerned with the market situation where there are smaller or group of competitors who have stayed active for quite some time but have not applied the exclusive contract. Equally, they tend to show interest in a dominant organization which has control over a substantial market share and has engaged in some arrangements which are elusive with their customers. These two instances have always proved to be resistant towards formal analysis. In other words, the application of exclusive contract may lead to search externalities which might create a wedge between the best social and private contractual choices