1 reviews | Active since Oct 2017
IT IS NOT SO HARD TO DO YOUR WORK
I have had it up to here now with TELKOM MOBILE. It is the worst experience of my life. I do not know what to do anymore, I have tried this Hellopeter thing and they rep****, but not 6 days later they still send me an SMS stating they will issue a summons even though they are the ones that are in breach of contract for no service delivery. How long will this have to go on for them to sort their admin out? Do they need me to teach them how to write a credit note? Are they that *********** that they cannot even do something so simple and just cancel this "contract"
As I said in my previous review I AM NOT PAYING FOR A SERVICE I AM NOT GETTING.
What is a Breach of Contract?
A business contract creates certain obligations that are to be fulfilled by the parties who entered into the agreement. Legally, one party's failure to fulfill any of its contractual obligations is known as a "breach" of the contract. Depending on the specifics, a breach can occur when a party fails to perform on time, does not perform in accordance with the terms of the agreement, or does not perform at all. Accordingly, a breach of contract will usually be categorized as either "material" or "immaterial" for purposes of determining the appropriate legal solution or "remedy" for the breach.
Breach of Contract: An Example
Let's assume that R. Runner contracts with Acme Anvils for the purchase of some of its products, for delivery by the following Monday evening. If Acme delivers the Anvils to Runner on the following Tuesday morning, such a breach of the contract would likely be deemed immaterial, and R. Runner would likely not be entitled to money damages (unless he could show that he was somehow damaged by the late delivery).
However, assume now that the contract stated clearly and explicitly that "time is of the essence" and the anvils MUST be delivered on Monday. If Acme delivers after Monday, its breach of contract would likely be deemed "material," and R. Runner's damages would be presumed, making Acme's liability for the breach more severe, and likely relieving Runner of the duty to pay for the anvils under the contract.
What Happens After a Contract is Breached?
When a breach of contract occurs or is alleged, one or both of the parties may wish to have the contract enforced on its terms, or may try to recover for any financial harm caused by the alleged breach.
If a dispute over a contract arises and informal attempts at resolution fail, the most common next step is a lawsuit. If the amount at issue is below a certain dollar figure (usually $3,000 to $7,500 depending on the state), the parties may be able to resolve the issue in small claims court.
Courts and formal lawsuits are not the only option for people and businesses involved in contract disputes. The parties can agree to have a mediator review a contract dispute, or may agree to binding arbitration of a contract dispute. These out-of-court options are two methods of "alternative dispute resolution."
Remedies for a Breach of Contract
When an individual or business breaches a contract, the other party to the agreement is entitled to relief (or a "remedy") under the law. The main remedies for a breach of contract are:
Damages, Specific Performance, or Cancellation and Restitution
If there is someone that can assist in this matter as soon as possible it will be greatly appreciated,
