Understanding Contracts and Breaches
When last did you come across the term “contract”, and what does it mean? According to legal terms, it is a legally binding agreement between two or more parties. As a nonchalant student sitting at your desk, this may not be top of mind with regard to your studies, but believe me that contract law can be of huge benefit to you. To simplify the terminology, “contract” is a very specific deal or arrangement between people that outlines their intentions. For example, when you transfer money over the internet, you are making an offer, and the company you are transferring money to is accepting. Basically, they (all involved in the matter) have reached an agreement and have adhered to certain terms and conditions.
An example of a contract is a written agreement between a designer and a client to commission a designer to carry out certain work (i.e. understand the terms of the contract, do you agree to these terms and conditions). The contract covers what is expected of each party as agreed – if it is enforced correctly, then it should stipulate legal obligations and possible penalties if any party is not courteous and fails to fulfil their obligations and promises made. The same is true for the reverse: if you agree to do something, you are legally obliged to do it. From a student point of view, the most common example of an academic contract is a student who has committed to their studies and to their responsibilities. By fulfilling these obligations, they will reap excellent benefits (the main one being graduation!).
But, what happens when a contractor breaches contract? This topic could not be simpler to fathom, as it is a very common occurrence for students to fall prey to. A breached contract happens when a person or party fails to uphold their bargain by not delivering or failing to fulfill the terms of a contract. When this happens, the offended party or affected person has the right to either claim compensation for the damages suffered, or to require fulfilment because it was not carried out as required in the contract. Therefore, the law holds that they are held bound to do what they promised.
In the article entitled How to Deal with Breach of Contract by a Contractor: What are Your Rights & Remedies?, it is stated that “a contractor’s breach of contract means that he/she has failed to perform his/her obligations as contained in the contract he/she has entered into with you”. When you look at this from a student perspective, our obligations are to study hard, attend lectures, complete assignments and live responsibly (i.e. without breaking the law). In order to be employed after your studies or else go further in your education, you need to be certified, and the only way to achieve this is if you honour your deal. Now, imagine the consequences if you fail to meet these obligations and commitments: no graduate! A dismal report!
To further this point, you may ask what are your “rights and remedies”? Simply this; you have the right to study hard, and you have the remedy of knowing that you are working towards achieving your diploma or degree. When you reach such a point of achievement, you will be rewarded with success, employment, or, if you are still hungry for more knowledge, postgraduate studies! As an example, if you do not submit an assignment on time, you have breached the terms of the contract you have with your university or college, and you will suffer the consequences as a result of that decision. The obvious consequence is receiving a zero for that assignment. This may prevent you from passing that year and eventually graduating. Think about it deeply, and weigh the possible pros and cons. The wise course of action is to fulfil your obligations as your future depends on it.
