Page 104 - Q&A
P. 104
What should be clear from the above is that there are various potential
defences and justifications that could be used by a party as to why they are not
meeting their obligations. Irrespective of whether one relies on the terms of
a contract or the common law, such claims cannot be used open-endedly
or in general to avoid meeting contractual obligations. As contracts and
circumstances will differ in each case, it would be advisable to obtain legal
assistance in reviewing each contract to determine the merits and correct
course of action when engaging with your service providers regarding their
failure to meet their obligations.
Litigation
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