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Law 421 Week 2 Business Law Case

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8.By contract dated May I, Rob agreed to sell to Nancy, and Nancy agreed to buy from Rob, a certain house located at 10 Melbourne Road. At the time she signed the contact, Nancy transferred to Rob a deposit equal to I 0% of the purchase price. The contract stated that closing and transfer of the property would occur on or before July I5. Nancy's finances were such that she needed to obtain a loan to pay the full purchase price for the house. Pursuant to the terms of the contract, Nancy was to obtain financing for the house in an amount of $180,000. The contract stated that Nancy was to apply for such financing in good faith within 7 days of the signing of the contract. It further stated that if Nancy could not obtain $180,000 in financing …show more content…
It’s because contractual promises are conditioned, in which there is a qualification in a contract based on a possible future event, the occurrence or nonoccurrence that will trigger the performance of a legal obligation or terminate an existing obligation. Since Nancy was not able to meet her end of the promise (the condition is not satisfied) due to the unavailable money, then the obligations of the parties are discharged. She was unable to satisfy the condition of the contract in order to make the promise absolute, so Nancy should not pay the 10% of the purchase price. In addition, you cannot get something for …show more content…
It is because the contract was made on the terms of personal satisfaction, in which a contract to be performed to the satisfaction of one of the parties is conditioned, and performance must satisfy that party. Dacor ordered a custom made, state of the art, big screen entertainment center and he wanted refinished and substantial improvements in its picture and sound quality. Because High Tech was not able to make his request, Dacor was dissatisfied and only the personal satisfaction of the party fulfills the condition. Since there was no condition, there is no obligations under a contract.

10.Saul, a cotton merchant, had 50 bales of cotton in his warehouse. Brown, a prospective buyer, inspected the bales in the warehouse, and entered into a signed written contract with Saul to buy the bales at a price of $1,000 per bale. Delivery was to be made by Saul to Brown's factory in two weeks. Two days before the delivery date, Saul's warehouse and the cotton were destroyed by fire caused by lightning. Brown demanded that Saul deliver another 50 bales of similar grade cotton. Upon Saul's refusal, Brown sued Saul for breach of contract. Judgment for whom?

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