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Breach ofBreach of

ContractsContracts

Business Ethics & Business Law Business Ethics & Business Law

SBM ITBSBM ITB Jakarta Jakarta 19 February 2010 19 February 2010

Breach of ContractBreach of Contract

A A breach of contractbreach of contract is occurred when ais occurred when aparty fail to fulfill the promise, afterparty fail to fulfill the promise, after

previously was getting a warningpreviously was getting a warning ((somasisomasioror ingebrekestelling ingebrekestelling ) which states that this) which states that thisparty was breaching the contract.party was breaching the contract.

Breach of ContractBreach of Contract

Breach of Contract can be categorized in 4Breach of Contract can be categorized in 4types of actions:types of actions:(1) not doing performance as promised,(1) not doing performance as promised,(2) convey the performance but not as(2) convey the performance but not asexpected in the promise,expected in the promise,(3) doing the performance but it is late,(3) doing the performance but it is late,

(4) doing something which is prohibited by(4) doing something which is prohibited bythe contract.the contract.

Breach of ContractBreach of Contract

SomasiSomasi oror aanmaningaanmaning is a warning to fulfill theis a warning to fulfill theobligation under the agreementobligation under the agreement

The element of aThe element of a Somasi Somasi ::-- Statement of the occurrence forStatement of the occurrence for a breach ofa breach of

contractcontract-- Clear statement about the claimClear statement about the claim-- Statement of warning that a legal process willStatement of warning that a legal process will

be followed if the claim were ignoredbe followed if the claim were ignored-- Statement to provide a certain time asStatement to provide a certain time as

appropriate to fulfill the claim.appropriate to fulfill the claim.

What is the di fference fro m PMH?What is the di fference fro m PMH?

PMH :PMH : PerbuatanPerbuatan MelawanMelawan HukumHukum Article 1365 KUH Article 1365 KUH --PerdataPerdataEvery unlawful action , that bring damageEvery unlawful action , that bring damageto other person, obliges the person byto other person, obliges the person bywhose fault causing such loss, towhose fault causing such loss, tocompensate such losscompensate such lossPMH is excluded from the contract mattersPMH is excluded from the contract matters

What is Tort ?What is Tort ?

NegligenceNegligence duty of careduty of care ( ( ketidak ketidak - - pedulian pedulian ) ) NegligenceNegligence breach of dutybreach of duty ( ( lalai lalai dalam dalam tugas tugas ) ) Special dutiesSpecial duties economic loss, negligenteconomic loss, negligentmisstatement, psychiatric injurymisstatement, psychiatric injuryEmployersEmployers liabilityliability ( ( keselamatan keselamatan kerja kerja ) ) OccupiersOccupiers liabilityliability ( ( kewajiban kewajiban bagi bagi pemilik pemilik tanah tanah ) ) NuisanceNuisance ( ( gangguan gangguan ) )Trespassing (to land / to the person)Trespassing (to land / to the person)

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