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CASE STUDY - Essay Example

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Professor Best entered into a contract with Engineering Books Incorporated, which stipulated that Best would supply with a manuscript entailing the research process she had conducted. Engineering Books Incorporated breached the contract when after Best supplied them with the…
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ver, she lost her chance of receiving consultation fees as well as invitation to conferences, since she thought that the book would receive substantial loyalties. As such, Best incurred additional costs when she was forced look for other publishers, and made her to suffer a setback in her career. She also suffered a diminution of respect in the eyes of her colleagues based on the number of colleagues she asked to review her book.
According to contract law, mental illness as well as emotional suffering cannot be recovered in the event of contract breach. A recovery in the event of emotional disturbance prevails in case the breach caused bodily harm (Law Handbook 2014). Additionally, damages resulting from limited circumstances comprising of constitutional violations, intentional torts, or breach of good faith can be recovered (Cohen and McKendrick 2005). In the case of Best, the breach of contract by Engineering Books Incorporated did not create bodily harm, indicating that the contract was unrecoverable.
The Plaintiff (Best) contracted with the defendant (Engineering Books Incorporated) for the publication of her manuscript, which the defendant confirmed was right for publication. After Best supplied the company with her manuscript, they told her it could not be published because of the heavy publication costs involved. In this case, Best suffered financial and emotional distress because she lost her chance of receiving consultation fees and invitation to conferences, which made her to suffer a setback in her career. She also suffered a diminution of respect in the eyes of her colleagues based on those she asked to review her work (Abele 2007). Best was forced to seek for third party publishers who confirmed that her work would be published if only she was willing to incur the costs involved.
With respect to the damages that Best suffered, she should seek remedies pertaining to negligent misrepresentation and emotional distress. She should sue the company for ... Read More
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