Aguillard became president emeritus , August 1, 2014.
52-730: Joe Wallace Aguillard (born July 15, 1956) served as the eighth president of the Southern Baptist -affiliated Louisiana College in Pineville in Rapides Parish in Central Louisiana . Due to what many community leaders describe as 'failed promises', and 'false information' by Aguillard, the law school never materialized. Aguillard also guaranteed the future establishment of a medical school, and film school. Neither of which came to fruition. Argile Smith ,
104-453: A 1990 commercial retail lease case noted that "the overwhelming majority of [US] jurisdictions... hold the landlord's right to terminate is not unlimited. We believe a court's decision to permit termination must be tempered by notions of equity and common sense. We thus hold a forfeiture for a trivial or immaterial breach of a commercial lease should not be enforced." In Rice (t/a The Garden Guardian) v Great Yarmouth Borough Council (2000),
156-409: A breach of an agreement is "material" must depend upon all the facts of the particular case, including the terms and duration of the agreement in question, the nature of the breach, and the consequences of the breach. when judging what the parties meant when they referred to a breach having to be "material" and "remediable" ( sic ) it seems to me that they must have had in mind, at least to some extent,
208-400: A contract specifies time is of the essence or otherwise contains an express or implied term that times for performance are critical, stipulations as to time will be conditions of the contract. Accordingly, if a party fails to meet a meet the time stipulations, it will be a breach of a condition of the contract, entitling the innocent party to terminate. Breach of a condition of a contract
260-480: A contractual obligation even when willing or able. These classifications describe only how a contract can be breached, not how serious the breach is. A judge will make a decision on whether a contract was breached based on the claims of both parties. The first type above is an actual breach of contract. The two other types are breaches as to the future performance of the contract and are technically known as renunciatory breaches. The defaulting party renunciates
312-447: A cure period may not be available where the innocent party chooses to accept a repudiatory breach and therefore exercise its common law rather than its contractual rights. Fundamental breach of contract is no longer the test for a serious breach of contract to justify termination. The test is that set out for repudiatory breach, above. The concept of fundamental breach as a free standing legal concept no longer has any legal force but
364-661: A faculty member after he was forced to resign the Louisiana College presidency, he was finally terminated from both positions in the spring of 2016 following an evaluation. In September 2016, Aguillard filed suit in the 9th Judicial District Court in Alexandria to seek damages for "civil conspiracy" involving breach of contract , assault and battery , and emotional distress . The defendants include Louisiana College, Aguillard's permanent presidential successor Rick Brewer , private investigator Don Benton Connor Sr., and
416-601: A manner which is inconsistent with the terms of the contract also shows an intention not to perform the contract. Whether such conduct is so severe so as to amount to a renunciatory breached depends upon whether the threatened difference in performance is repudiatory. An intention to perform connotes a willingness to perform, but willingness in this context does not mean a desire to perform despite an inability to do so. To say "I would like to but I cannot" negatives intent just as much as "I will not". Contracting parties must perform contracts in strict accordance with their terms: what
468-436: A material breach: In determining whether a failure to render or to offer performance is material, the following circumstances are significant: Renunciatory breach (usually referred to as anticipatory breach or breach by anticipatory repudiation ) is an unequivocal indication that the party will not perform when performance falls due or a situation in which future non-performance is inevitable. An anticipatory breach gives
520-446: A party to a contract fails to fulfill its obligation(s), whether partially or wholly, as described in the contract, or communicates an intent to fail the obligation or otherwise appears not to be able to perform its obligation under the contract. Where there is breach of contract, the resulting damages have to be paid to the aggrieved party by the party breaching the contract. If a contract is rescinded, parties are legally allowed to undo
572-479: A repudiation. However: The reason for a defaulting party committing an actual breach is generally irrelevant to whether it constitutes a breach, or whether the breach is a repudiation (this is an incident of strict liability for the performance of contractual obligations). However, the reason may be highly relevant to what such breach would lead the reasonable observer to conclude about the defaulting party's intentions in relation to future performance and therefore to
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#1732765453279624-484: A repudiatory breach. Simply because a term in a contract is stated by the parties to be a condition does not necessarily make it so. Such statements though are one of the factors taken into account to decide whether it is a condition or warranty of the contract. Other than where the colour of the pipes went to the root of the contract (suppose the pipes were to be used in a room dedicated to artwork related to plumbing, or dedicated to high fashion), it would more than likely be
676-529: A term is a warranty or a condition of the contract. In respect to the EPC Agreements, material breach is defined as "shall mean a breach by either Party of any of its obligations under this Agreement which has or is likely to have a Material Adverse Effect on the Project and which such Party shall have failed to cure". Other UK cases which relate to the concept of a material breach include: Whether
728-404: A warranty, not a condition. The general rule is that stipulations as to time in a contract are not conditions of the contract (there are exceptions, such as in shipping contracts; it depends in part upon the commercial importance of timely delivery in all the circumstances of the case). As such, missing a date for performance stipulated in a contract is usually a breach of warranty. However, when
780-510: Is behind us, Louisiana College can get back to fulfilling our mission, 'to change the World for Christ!'". "Louisiana College is focused on moving past the Calvinism coup and strategically addressing her mission, of bringing every lost soul to Christ as we strive to fulfill our Mission", said Aguillard. Dr. Tommy French, chairman of the Louisiana College trustees, said, "The board is thrilled at
832-602: Is known as a repudiatory breach . Again, a repudiatory breach entitles the innocent party at common law to (1) terminate the contract, and (2) claim damages. No other type of breach except a repudiatory breach is sufficiently serious to permit the innocent party to terminate the contract for breach. Contracts often use wording other than repudiatory breach to describe a type of breach of contract. These contractual terms include material breach , fundamental breach , substantial breach , serious breach . These alternative wordings have no fixed meaning in law but are interpreted within
884-412: Is more than trivial, but need not be repudiatory" and confirmed as meaning "a breach which is substantial. The breach must be a serious matter, rather than a matter of little consequence." A breach of contract will likely constitute a material breach if the term of the contract which has been breached is a condition of the contract. A variety of tests may be applied to terms of contracts to decide whether
936-500: Is now simply another possible term of a contract that needs to be construed like any other term of a contract. A fundamental breach is usually read as a reference to a repudiatory breach. A term may be a condition in Australian law if it satisfies one test known as the test of essentiality. The test of essentiality requires that the promise (term) was of such importance to the promisee that he or she would not have entered into
988-405: Is of a breach of warranty, condition or innominate term. In terms of priority of classification of these terms, a term of a contract is an innominate term unless it is clear that it is intended to be a condition or a warranty . Any breach of contract (warranty, condition or innominate term) gives rise to a right in the hands of the innocent party to recover their damage suffered which caused by
1040-410: Is the difference in value between red pipe and blue pipe. Since the color of a pipe does not affect its function, the difference in value is zero. Therefore, no damages have been incurred and the homeowner would receive nothing (see Jacob & Youngs v. Kent .) However, had the pipe color been specified in the agreement as a condition , a breach of that condition may well constitute a "major"—i.e.
1092-478: The $ 25,000; in exchange, Cole was to sign a non-disclosure agreement with the college. The document contains a letter from the Armour Law Firm, which then represented Louisiana College. This document confirms Cole's claims that Aguillard had forged multiple signatures on official SACS documents and had hindered an internal investigation into the matter. When Aguillard, who had previously recused himself from
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#17327654532791144-739: The SACS Reaffirmation in December, 2013 and looks forward to the bright future as our President leads Louisiana College to fulfill her mission." On February 26, 2014, two documents were leaked online disclosing an alleged blackmail attempt by Aguillard's former assistant, Joseph Cole. The first document, released minutes from an executive committee meeting of the Louisiana College Board of Trustees, contends that Cole threatened to leak "office secrets" to The Alexandria Daily Town Talk or Save Our Louisiana College unless
1196-485: The UK Court of Appeal decided that a clause which provided that the contract could be terminated "if the contractor commits a breach of any of its obligations under the contract" should not be given its literal meaning : it was considered "contrary to business common sense" to allow any breach at all, however trivial, to create grounds for termination. A material breach has been held to mean "a breach of contract which
1248-423: The administration. The suit cites an "anonymous package" reportedly circulated by Aguillard of "derogatory statements" about the college. Individual plaintiffs include Louisiana College president Rick Brewer and Cheryl Clark, whom Aguillard accused of having illegally changed the final grades of more than "a dozen nursing students." List of presidents of Louisiana College Louisiana Christian University
1300-453: The breach of contract by the defaulting party. Damages in the UK are the only remedy available for breach of a warranty. Those damages can come in different forms such as an award of monetary damages, liquidation damages, specific performances, rescission , and restitution . Damages are classified as being compensatory or punitive. Compensatory damages are rewarded in an attempt to make place
1352-421: The college paid him $ 25,000 cash plus overtime pay and benefits. Cole claimed that Aguillard forged signatures on official SACS documents, abused pain medications, and had knowledge of an incident in a hotel room involving Cole, pornography , and two Louisiana College male college freshmen prior to his hiring of Cole as his executive assistant. The second document contained the college's agreement to pay Cole
1404-461: The commercial consequences of the breach. A party in breach of contract may have the right to remedy their breach, for example if the breach itself is remediable and a provision for remedy or a time period for exercising such as right is included within the contract. In the case of Vinergy International (PVT) Ltd v Richmond Mercantile Limited FZC (2016), a clause within the contract between the disputing parties stated that "failure ... to observe any of
1456-426: The context of the contract that they are used. For that reason, the meaning of the different terms varies from case to case. Possible interpretations of their meaning include "repudiatory breach", and "serious breach, but not as serious as a repudiatory breach". A trivial breach is one that does not meet the standard for designation as a material, serious or substantial breach. An Arizona Supreme Court decision in
1508-489: The contract in advance of when it is required to performs its obligations. Renunciatory breach is more commonly known as "anticipatory breach." The general law has three categories of breaches of contract, which measure of the seriousness of the breach. In the absence of a contractual or statutory provision, any breach of contract is categorized: There is no "internal rating system" within each of these categories (such as "a serious breach of warranty"). Any breach of contract
1560-411: The contract without the assurance of strict or substantial performance of the promise, and that ought to have been apparent to the promisor. This is an objective test of the parties' intention at the time of formation of the contract. If the contractor in the above example had been instructed to use copper pipes but instead used iron pipes that would not last as long as the copper pipes would have lasted,
1612-452: The contract. The innocent party cannot sue the party in default for specific performance : only damages . Injunctions (specific performance is a type of injunction) to restrain further breach of a warranty are likely to be refused on the basis that (1) injunctions are a discretionary remedy, and (2) damages are an adequate remedy in the circumstances of the case. Suppose a homeowner hires a contractor to install new plumbing and insists that
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1664-419: The courts, but cases where the award of such damages has been considered and agreed include Jarvis v Swans Tours Ltd (1972) and Farley v Skinner (2001). A right to terminate a contract arises for: An innocent party is therefore entitled to elect to terminate a contract only for breach of a condition of the contract, repudiatory breach or renunciatory breach. To terminate a contract for repudiatory breach,
1716-407: The defaulting party is told that a repudiatory breach has been "accepted" that the contract is terminated. If the defaulting party is not told the repudiatory breach has been accepted, the contract continues in force. An innocent party is not compelled to exercise its right to terminate, and accept a repudiatory breach. Otherwise, the contract continues in force. Conduct is repudiatory if it deprives
1768-418: The examination of the allegations against Dr. Aguillard is inappropriate...given the circumstances such as those outlined in this letter, I do not believe that I can continue to represent Louisiana College. The story made state and national headlines with several media organizations saying that the administration had violated the students' First Amendment rights. Though Aguillard remained president-emeritus and
1820-409: The executive vice president, the vice president of Integration of Faith and Learning, and Aguillard's eventual interim successor as the Louisiana College president, said, "The faculty, staff, and students, have been so supportive through this journey. Our President has shown us how to work through a crisis with the kind of integrity that comes from a resilient relationship with Christ. Now that the crisis
1872-481: The homeowner can recover the cost of actually correcting the breach by taking out the iron pipes and replacing them with copper pipes. There are exceptions. Legal scholars and courts have been known to find that the owner of a house whose pipes are not the specified grade or quality (a typical hypothetical example) cannot recover the cost of replacing the pipes for the following reasons: Most homeowners would be unable to collect damages that compensate them for replacing
1924-433: The innocent party in the position that would have been occupied "but for" the breach. Those damages are most often awarded as payments. Punitive damages are given to "punish or make an example of a wrongdoer who has acted willfully, maliciously or fraudulently". Punitive damages are awarded only in extreme cases and usually along with compensatory damages. Damages for distress or disappointment are not generally allowed by
1976-406: The innocent party must tell the defaulting party. Many commercial contracts include clauses that set out a process whereby notice must be given and in what form. Consequently, if there is a written contract, care should be taken to check the contract terms and to ensure compliance notwithstanding that the other party may, on the face of it, have committed a clear and repudiatory breach. It is only when
2028-399: The innocent party of substantially the whole of the benefit intended to be received as consideration for performance of its future obligations under the contract. Different forms of words are used by courts to express this central concept. The most prominent is whether the breach goes to the root of the contract . Those forms of words are simply different ways of expressing the "substantially
2080-433: The innocent party the option to terminate the contract immediately and sue for damages or to wait for the time of performance. If the party required to perform does not do so when it is required by the contract, the innocent party can terminate then. For example, A contracts with B on January 1 to sell 500 quintals of wheat and to deliver it on May 1. Subsequently, on April 15, A writes to B and says that he will not deliver
2132-426: The insurance underwriting firm RSUI Indemnity Company. An out-of-court settlement was believed to have been pending in December 2016. Then in late May 2017, Louisiana College filed a civil suit seeking unspecified damages for defamation against former President Aguillard, who it alleges "engaged in a regular and pervasive campaign to undercut" the institution including "ghostwriting faculty member grievances" against
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2184-418: The issue of renunciation. Often, the question whether conduct is a renunciation falls to be judged by reference to the defaulting party's intention, which is objectively evinced by past breaches and other words and conduct. A breach of a warranty of a contract creates a right to damages for the loss suffered, which was caused by the breach. These "minor" breaches do not entitle the innocent party to terminate
2236-755: The matter, insisted that Armour immediately surrender all of the information pertaining to the Joseph Cole dispute, the law firm decided not to renew its contract with Louisiana College and wrote: Several of the signature pages of reports which were provided as part of the College's report to the Southern Association of Colleges and Schools were significant in that they called into question the authenticity of signatures, including thouse of Tim Whitman, Peggy Pack, Dr. Charles Quarles, and Michael Travers. The Vice President Evaluation of Dr. Michael Travers
2288-529: The pipes but would be awarded damages that compensate them for the loss of value in the house. For example, if the house is worth $ 125,000 with copper and $ 120,000 with iron pipes, the homeowner would be able to collect the $ 5,000 difference and nothing more. In the United States, the Restatement (Second) of Contracts lists the following criteria to determine whether a specific failure constitutes
2340-404: The pipes, which will ultimately be hidden behind the walls, must be red. The contractor instead uses blue pipes that function just as well. Although the contractor breached the literal terms of the contract , the homeowner cannot ask a court to order the contractor to replace the blue pipes with red pipes. The homeowner can only recover the amount of his or her actual damages. In this instance, this
2392-441: The stipulated or reasonable period, there has been a breach of contract. A further form of breach of contract is conduct indicating an unwillingness or inability to perform an obligation arising from that contract. As noted by Seddon et al, these forms of breach of contract overlap, and an actual failure to perform may manifest an unwillingness or inability to perform. This is not always the case: an individual may fail to perform
2444-399: The terms herein and to remedy the same where it is capable of being remedied within the period specified in the notice given by the aggrieved party to the party in default, calling for remedy, being a period not less than twenty (20) days" would constitute grounds for termination of the contract. The period allowed for such a remedy may be referred to as a "cure period". A right to make use of
2496-410: The whole benefit" test. Sometimes the innocent party may be deprived of its entitlement to damages for repudiatory breach of contract: Conduct is renunciatory if it shows an intention to commit a repudiatory breach. The conduct would lead a reasonable person to conclude that the party does not intend to perform its future obligations when they fall due. Showing an intention to perform a contract in
2548-407: The work unless doing so would directly charge the other party at that exact time. There exists two elementary forms of breach of contract. The first is actual failure to perform the contract as and when specified constitutes the first and most obvious type of breach. A contract lays down what must be done, what cannot be done, and when it must be done. If what was prescribed has not been done within
2600-495: Was agreed in the first instance when the contract was formed. To do otherwise is therefore a breach of contract. In the event of a renunciatory breach, the innocent party may: If the defaulting party does not perform when the time for performance arrives, the contract may be terminated. However, if the defaulting party performs, the right to terminate is lost forever. Conduct comprising a breach for performance of contractual obligations that have fallen due may be insufficient to be
2652-491: Was established in 1906 by the Louisiana Baptist Convention in Pineville , Louisiana Breach of contract Breach of contract is a legal cause of action and a type of civil wrong , in which a binding agreement or bargained-for exchange is not honored by one or more of the parties to the contract by non-performance or interference with the other party's performance. Breach occurs when
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#17327654532792704-476: Was even post-dated "May 10, 2011," but was sent to SACS on March 1, 2011. Further, evaluations by Dr. Searcy were stamp dated for 2009-2010 before he was even employed at Louisiana College ... Dr. Aguillard rescinded his decision to recuse himself from the Joseph Cole issue and demanded the Joseph Cole file from the Armour Law Firm and Dr. Tim Searcy ... In my opinion, for me to comply with Dr. Aguillard's written and verbal demand to release him documentation concerning
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