FAQ Archives - Page 85 of 94 - Ohara & Furukawa

February 23, 2016

Can a buyer force specific performance of a service contract?

Some breached contracts cannot be fixed by having a third party step in and complete the performance. For example, in a contract to tear down a building, it is easy enough for another company to destroy the building if the contracting party refuses. However, what about when a famous painter breaches his contract? Or a singer refuses to perform? In situations where only the contracting party’s performance is acceptable, because only he or she has the required skill or information, the court cannot order substitute performance. Instead, the court will attempt to attach a money value to the service the […]

February 23, 2016

What is Joint and Several Liability?

Normally, only parties that can have responsibility traced back to them are liable for breach of contract. However, in contracts that specify joint and several liability, all parties will be bound by the same level of liability. In other words, each party bound by joint and several liability can be held liable for their own breaches as well as the breaches of every other party. In this way, parties that may not have had any involvement in the breach may still be held liable for their partner’s breaches. The suing party can collect from any and all of the opposing […]

February 23, 2016

Can someone be sued for breaking a contract if the breach wasn’t their fault?

Unfortunately, not every contract is completed as promised. Business partners find better deals or decide that they no longer want to perform their obligations. When one side breaks his or her promise a “breach of the contract” occurs and usually the other party can sue them in court to recover their damages. However, Japanese law, like most developed contract law around the world, makes a distinction for parties that didn’t keep their promise because it became impossible to keep.

February 23, 2016

If goods are destroyed in transit, can a buyer force the seller to ship another delivery?

In many purchase and sales agreements, delivery is a key component of the contract. When, how and where delivery will take place is often crucial to the business operations of both the seller and the buyer. However, delivery is also frequently performed by a third party delivery company. Therefore, the question of who takes on the responsibility for a successful delivery is an important consideration when drafting a purchase and sales agreement.