Naiker Harvard Business Law Case

1. (a) Going through Naiker’s case, we will be concluding if there is an enforceable contract or there is not an enforceable contract. In Naiker’s case, Ahmad is the offeror and Naiker himself is the offeree. Basically, Naiker somehow developed an interest in playing the piano, and he wanted to purchase a second hand piano for learning purposes. Ahmad knew about it and he decided to post an offer by letter to Naiker to sell his piano on Monday 2 June stating, “Good quality piano for sale $2,500. If you are interested in buying you must write to me.” After posting the letter out, there was a postal strike out of the blue. Hence, The letter only reached Naiker on Thursday 5 June. Naiker was pleased and excited after receiving the offer, and in …show more content…
There are numerous approaches to cure a breached contract, including damages. The sorts of damages are, unliquidated damages, liquidated damages, nominal damages, and special damages. Beginning off with unliquidated damages, it alludes to unascertained harms, whereby the sum will be controlled by court, considering the contract overall and the misfortune maintained by the oppressed party. Liquidated damages allude to pre-estimated harms, which have been settled upon by the party. Such damages are reasonably a typical place today. For instance, if a phone contract of two years is ended before the two-year period, the concurred liquidated sum is payable. Nominal damages allude to an nominal whole ($2) recompensed to the offended party when there is simply a minor or specialized rupture of the agreement. However, the offended party endures no misfortune. By and large, the harmed party is looking for the court's choice instead of payment. Frequently sort of damages is looked for in criticism cases. Furthermore, special damages whereby this remunerates the inquirer for the quantifiable financial misfortunes, which they are seen in both individual and business activities. Different sorts of damages are accessible under equity, for example, specific performance and …show more content…
This equitable remedy requests the breaching party to conform to the terms of the agreement. This implies that the breaching party will be obliged to do whatever the party initially guaranteed to do. The court will consider this alternative when cash harms won't give the guiltless party sufficient remuneration for the breach. Specific performance is most regular in deals contracts. This remedy is in some cases utilized when a deals contract includes something exceptional. An alternate equitable remedy is injunction, which is a cure that precludes a party from a specific demonstration. Note that specific performance and injunction remedies are comparative, yet the key distinction is that specific performance requests a party to do something, and an injunction requests a party not to do