In a contract, there is an agreement of offer and acceptance between two parties concerned and should any party defaults, then it is called a breach of contract as highlighted above. It is against this background that the court of law intervenes to ensure that justice prevails so as to avoid unfavorable gain by another party on behalf of the other. If one party fails to live up to his/her part of the bargain, then there's a "breach" of the contract and certain measures in place for solving the differences are available.
Whether verbally agreed or written, the terms of a contract apply and are enforceable unless otherwise agreed by all parties involved for any change. It is undoubtedly true that the court is the highest arbiter of disputes in society. A good example can be drawn from Freund v. Washington Square Press, Inc. (1974) where the Plaintiff sued because the publisher did not publish his book as promised. The trial court wanted to give the plaintiff $10,000 so that he could publish the books himself, but the Court of Appeals gave him nominal damages.
Thus, it can be noted that contracts are especially concerned with the enforcement of agreements as originally agreed by the parties involved. This is aptly shown in the case of Williams v Roffey Bros & Nicholls Contractors Ltd  1 All ER 512. Whilst Williams has been subcontracted and a payment of 20 000 pounds promised to be paid in installments, the contract was however silent on the period and size of the payment to be made. Against this background, the terms and conditions of a contract ought to be explicit where no one party would clandestinely seek to gain an advantage over the other party where the terms would not be very clear.
Therefore, both parties which agree to enter into a contract have duties owed to each other and these form the basis of contracts. These duties are designed and imposed by the parties themselves and operational for a period in which the contract would be expected to run. The court can only enforce a duty agreed upon by the parties involved should there be a breach of contract.
Please type your essay title, choose your document type, enter your email and we send you essay samples