1. Discuss the elements of impossibility of performance and the three situations where this defense can be used. 2. Discuss commercial impracticability and its application to this case. 1. Any breach entitles the non-breaching party to sue for damages, but only a material breach discharges the non-breaching party from the contract. The policy underlying these rules is that contracts should go forward when only minor problems occur, but contracts should be terminated if major problems arise
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Prices of disinfectant increase. In order to purchase adequate supplies, J will suffer a loss. J cancels his contract with K and L, citing frustration as a result of rising prices of disinfectant. Legal Issues 1) Does J have a contractual obligation to K and J that he has to fulfill? 1.1) Can the contract be discharged by frustration? 2) Can K and L sue J under breach of contract and claim for damages? Rules and Application 1) Does J have a contractual obligation to K and J that he has
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A contract is an agreement that is enforceable by law. Modern business could not exist without such contracts. Most business transactions involve commitments to furnish goods, services, or real property; these commitments are usually in the form of contracts. Use of the contract in business affairs ensures, to some extent, the performance of an agreement, for a party that breaks a contract may be sued in court for the damages caused by the breach. Sometimes, however, a party that breaks a contract
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Law of Contract The nature of contract law: The law relating to contracts is a subject matter of private law. The governing law of contracts is the Contract Act 1872, which is predominantly a private law. The public law, however, comes into play when the parties are at breach of contracts. For example, the courts can award damages/compensation for the breach of contract, which is an act of public law. Contract law is part of law of obligation, which has other sources such as law of torts which
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Quasi Contract | Court imposes contract on parties through an equitable remedy to prevent unjust enrichment of one party at the expense of the other. NOT AVAILABLE IF CONTRACT EXISTS. | Wagner v. Columbia | Columbia signed contract to give 50% of earnings from Charlies Angels tv series to Wagner. Later bought movie rights but didn’t give 50%. Court does not need to consider extrinsic evidence. Plain meaning rule. Wagner not entitled to remaining 50% | Lucy v Zehmer | Zehmer sold Lucy his farm
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Orchestra (NNO). The NNO plays in the large concert hall, which is a suitable venue for all kinds of performances, ranging from concerts to flamenco and from the St Matthew Passion to children’s musicals. The theatre offers most of the main theatre, dance and opera productions that are put on in the Netherlands. The plaza and the small concert hall are suited to a wide range of music and theatre performances. All these forms of entertainment are examples of the performing arts. The GAC is owned by the
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Contracts, Fall 2012, Dr. Adams Introduction Contract law is a promise or set of promises for the breach of which the law gives remedy * Sources of Contract Law & Authority (primarily state law, not federal) * Common Law -Judicial opinions * Restatements – produced by the ALI to bring clarity & consistency to CL * Statutory law- always supersedes CL; UCC only applied to the same of goods * International commercial law & the CISG- applies mainly to international
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MEMORANDUM: CONTRACT CREATION AND MANAGEMENT TO: John Sullivan FROM: Jon Sorrell DATE: October 27, 2006 SUBJECT: Legal Environment of Business: Contract Creation and Management The Issues In the case of Span Systems of California and Citizen-Schwarz AG of Germany, management is essential in forging the proper attitudes and remedies necessary to maintain the current contract. The facts of the case is that Span Systems are under a one-year contract worth $6 million to produce a Java-based
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promises in ad to pay 100 pounds to any person who contracts flu after using smoke ball. • Carlill (plaintiff) uses ball but contracts flu + relies on ad. Issue: Was there a binding contract between the parties? - A contract requires notification of acceptance – Did Mrs Carlill notify Carbolic of the acceptance of the offer? - Did Mrs Carlill provide consideration in exchange for the 100 pounds reward? Def argument is: There was no binding contract – the words of the ad did not amount to a promise
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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
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