suit for breach of contract against Masterpiece Construction. Grocery’s request for specific performance is burdensome because Masterpiece Construction does not have enough labor to complete the contract for Grocery, Inc., thus creating a hardship for Masterpiece Construction. The personal service contract is the main reason the courts would not grant such a request because the “courts would find it difficult or impracticable to supervise or monitor performance of the contract” (Cheeseman, 2004
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to a contract is not given full or accurate information by the other party about the contract subject matter, misrepresentation occurs. In the case of misrepresentation in the formation of a contract, the law allows a rescission of the contract. Rescission means the contract is set aside. Misrepresentation occurs when a seller makes inaccurate statements about its product or fails to disclose pertinent information about its product that would affect someone’s decision to enter into the contract. To
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in the required form. Penalties will apply, as per the UIG, from the DUE DATE and not the date of your resubmission. Marking criteria You will be assessed on your ability to: * identify the legal issues; * apply your knowledge of the law whilst solving the problem; * identify relevant statutes and cases as appropriate; and * reach the correct conclusion. Problem 1 (6 marks) Topic 3 Jack’s son Tim is hoping to start a new computer business. He asks his father if he
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unconscionability, the cancellation by Gantos was unconscionable. Gantos was a larger company, and therefore was able to determine the terms of the contract, and Gianni Sport, being the weaker of the two, had no practical choice but to adhere to the terms. Under the UCC, the courts have the power to manipulate the provision containing the unconscionable terms to make the contract just. In this case, I believe the courts would take out the clause that the order can be cancelled at any time before shipping and would
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1.) Without the government enforcing contracts, our society would have to rely on the good faith of others, which would be difficult because people may not always honor their promise to do something they say they will do. It would affect the economy as a result of people not paying for things when prices raise. Basically, our economy would be in dire. In order for our economy to be stable, it has to enforce contracts to make sure that people comply with their promise, and if not, it provides a
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and overall bad air”, he was indeed giving an expressed warranty. The unit was installed and did not remove the foul smelling air. The Kellers immediately contacted Inland concerning the on-going issue and eventually voiced a breach in their contract. The Kellers
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v Othon Ghalanos Ltd [2008] UKHL 11 Why was the contract considered to be an FOB contract in this case? Compare speeches of Rodger LJ and Mance LJ regarding time of delivery. 2. The Parchim [1918] AC 157 Why was it so important to determine whether property had passed in this case? What considerations did the court take into account in making the determination? Do you consider that it would have made any difference had the contract been on FOB terms? ANSWERS: 1. Scottish & Newcastle
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Four Essential Elements of a Contract Offer There must be a definite, clearly stated offer for something. It does not include estimates, requests for proposals, letters of intent or expressions of interests. At times an offer will lapse. This happens when the time for acceptance expires, the offer is withdrawn before it is accepted or there is a reasonable time after in the circumstances after the life of the offer. Acceptance Only want can be accepted should be offered. This means that the
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Discussion Board Forum 2 Case Study Business Ethics Roger Charnock BUSI 561 Abstract Most people are committed to doing the right thing; however that is not always the case in business. Since the days of a formal handshake to close a deal, the contract has evolved into a complex process. Many years ago society believed in the power of the spoken word; thus the statement my word is my bond, however since the downfall of mankind in the garden mistrust and out right egregious acts to undermine the
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conformity with the contract. Under the common law, damages are generally irrecoverable for the loss of reputation and credibility. However under certain circumstances, damages for loss of reputation may be granted. In the case of Addis v Gramophone Co. Ltd , the plaintiff was employed by the defendant as a manager. However, the defendant in breach of contract dispensed the plaintiff’s services and replaced him with a new manager. The plaintiff then brought an action for breach of contract claiming that
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