Constructive Eviction Claim Plaintiffs Ignore Plain Language

Constructive Eviction Claim
Plaintiffs Ignore the Plain Language of Section 2–603(b) In an attempt to justify impermissibly
combining an anticipatory repudiation claim and a constructive eviction claim–two theories of relief
that require different elements to be proved–into a single count, Plaintiffs rely on stale case law that
is at least sixty five years old. Although they acknowledge that section 2–603(b) requires a separate
cause of action to be alleged in a different count, they offer no justification for ignoring the
provision's unambiguous directive. As discussed above, proper pleadings are vital to the effective
and efficient administration of justice. Neither this Court nor Defendants should be required to
decipher a count that jumbles together two separate ... Show more content on Helpwriting.net ...
Plaintiffs Waived their Constructive Eviction Claim In a constructive eviction claim, the tenant has
the burden of showing that the premises was abandoned within a reasonable time. Dell'Armi v.
Johnston, 172 Ill. App. 3d 144, 149 (1st Dist. 1980). Here, it is undisputed that Plaintiffs (a)
continued to live in the premises for fifteen months after first complaining about the condition of the
property, and (b) renewed the lease term. Even if Nenn's status as a single mother warranted
additional time to locate a new residence, it surely does not excuse waiting more than a year to
vacate the premises and renewing the lease term. Plaintiffs' argument that any waiver of a prior
alleged breach did not result in waiver of their constructive eviction claim for each subsequent
breach also falls short. As Plaintiffs recognize, the lease obligated Defendants to make repairs within
60 days of receiving notice. See Apartment Lease, ¶¶ 6.B, G.D, and 14.B. Pursuant to Plaintiffs'
allegations, in early January 2014, Plaintiffs informed Defendants of conditions of alleged disrepair
in the premises. (3rd Am. Compl. ¶¶ 38–39.) As a result, Plaintiffs had until early March 2014 to
make the necessary repairs. Instead of vacating the premises within a reasonable time of that date,
Plaintiffs renewed the lease term and remained in the premsespremises for an additional seven
months. Thereafter, Plaintiffs did not notify Defendants of any other conditions of disrepair until
August 23, 2014, when they allegedly advised Defendants of a mold issue. Plaintiffs then vacated
the premises on October 3, 2014, which was only 41 days later. (3rd Am. Compl. ¶¶ 47,
... Get more on HelpWriting.net ...

Contracts Outline
Nd Contracts Outline Professor Murray 1. Contract Remedies (Chapter One) What is a contract?–
promise or set of promises, for breach of which the law gives a remedy or the performance of which
the law recognizes as a duty. Types of contracts– a. express: formed by language, oral or written b.
implied: formed by manifestations of assent other than oral or written language; by conduct. c.
quasi: not contracts at all, construed by courts to avoid unjust enrichment, by permitting plaintiff to
bring an action in restitution to recover the amount of the benefit conferred on defendant. Critical
Elements of a Contract: a. promise– undertaking or commitment that something shall or shall not be
done b. exchange–something the law ... Show more content on Helpwriting.net ...
intention to be legally bound AND 2. courts have sufficient basis to afford remedy UCC will use
'gap fillers' o §2–305– can insert price o §2–308– absence of delivery time o §2–307– shipment
terms ANATOMY–OFFER & ACCEPTANCE A. Preliminary Negotiations v. Offers A contract
includes not only what the parties said but also what is necessarily to be implied from what they
said. Any conduct of one party, from which the other may reasonably draw the inference of a
promise, is effective in law as such. RULE: When deciding if an offer has been made you look at: 1.
Language used (words of promise, undertaking, or commitment) 2. Determination of the party(ies)
to whom the purported offer has been addressed (less like an offer with indefinite group). 3. The
definiteness of the proposal itself RULE: If a proposal is nothing more than an invitation to the
person to whom it is made to make an offer to the proposer, it is not such an offer as can be turned
into an agreement by acceptance; it is merely an invitation to trade. 1. They ask for offers which the
proposer has a right to accept or reject as he pleases. ADVERTISMENTS Generally ads are not
offers but merely an invitation to offers RULE: Advertisements are usually not an offer but it can be
when two elements are satisfied... a. A definite offeree b.

Case Analysis : Bunge Sa V Nidera Bv
The core is the evaluation if there was a condition where the position of upholding commercial
certainty could be overridden by justice. The dispute is about the arguments between the Court of
Appeal and the Supreme Court in Bunge SA v Nidera BV . The Nidera BV (the buyer) entered in to
a contract with Bunge SA (the seller), to buy a single batch of 25,000 metric tones of Russian
milling wheat. The shipment was agreed to take place on 23–30th of August 2010. The contract
incorporated GAFTA 49 . On August the 5th, Russia announced to implement an embargo for
exporting agricultural goods starting from the 15th. On the 9th the seller informed about the new
development and believed the contract cancelled under the Prohibition clause . On the 11th the
buyer treated it as a repudiation (because the ban was not yet valid), which was agreed. The next day
the sellers offered to reinstate the contract but the buyer did not agree. The buyers utilized the
Default clause to claim damages for the difference between the contract and the market price on that
date in question. It was $3,062,500. GAFTA's first tier arbitration held that the sellers repudiated.
But the buyers did not suffer and the contract would have ended naturally, so no damages were
awarded. The GAFTAAppeal Board overturned the decision and awarded damages due to Default
clause 20(c) as it held procedure in awarding damages when Default clauses 20(a) and (b) were not
met. They rejected The Golden Victory to

Article 9.3 : What Counts As Inability For Perform?
Article 9.3 – What counts as inability to perform? A promisor's absence of readiness or willingness
to perform amounts to an inability to perform the contract if the promisor was wholly and finally
disabled from performing the contract when the promisee terminated the performance. In order to
establish repudiation by factual inability, the promisee must prove that the promisor was wholly and
finally disabled from performing the contract at the time of termination at the time when
performance was due. In accordance with the general principle of termination, a promisee may rely
on a valid ground even though it is not stated at the time of termination. Termination may be upheld,
even if the grounds for termination were erroneous. ... Show more content on Helpwriting.net ...
For example, in Rawson v Hobbs3. the High Court held that the purchaser of a grazing property
could rely on the vendor 's inability to convey title when it was clear that the vendor would not be
able to obtain the consent of a government Minister, required by the contract, to the transfer of title.
Citati is the leading case in factual inability, and concerned the charterparty of a ship, for the
carriage of cargo from Basrah to Buenos Aires. The charterers had agreed to ensure the ship was
loaded by a particular time, however when the vessel arrived in Basrah, the charterparty had not
nominated a shipper or loading berth and the lay days commenced to run. Citati terminatined the
chartparty before the expiry of the given time, on the ground that the chartparty could not load the
vessel in time and had repudiated the contract. Devilin K held that Citati could not have discharged
his obligation to load pror to the expiry of the lay days, however this did not jusdity termination as
the loading term was not a condition of the contract. In order to prove that Citati was wholly and
finally disabled from perfroming, the shipowners were required to prove that the delay would have
lasted so long as to 'frustrate' the commercial purpose of the chartparty. Devlin j considered that the
shipowners had proved Citati was wholly and finally disabled from performing. The case was
remitted to the arbitrator for determination of whether the

Study Guide
LAW/421 Final Examination Study Guide This study guide will prepare you for the Final
Examination you will complete in Week Five. It contains practice questions, which are related to
each week's objectives. In addition, refer to each week's readings and your student guide as study
references for the Final Examination. Week One: Introduction to Law Objective: Define the
functions of law in society. 1. Precedent evolves from a. state and federal constitutions b. state and
federal statutes c. the common law d. a combination of both state and federal statutes and common
law Objective: Define the functions of law in society. 2. Once stare decisis and case precedent is
established, a. it may be disregarded and ... Show more content on Helpwriting.net ...
13. Mike is walking through a parking lot and finds Kathy lying unconscious. He puts her in his car
and takes her to the hospital. The hospital saves her life and, when she becomes conscious, they
present her with a bill. a. Kathy has to pay based on a unilateral contract. b. Kathy has to pay based
on an implied contract. c. Kathy has to pay based on a quasi contract. d. Mike has to pay because he
brought her to the hospital. Objective: Analyze the elements necessary to form valid contracts. 14.
Jonathan's Soccer Mart (JSM) advertises a pair of boots on sale. The normal price is $150.00 and the
sale price should have read $135.00 but the advertisement says $15.00. Josh walks into the store,
picks up a pair of the boots, and puts $15.00 on the counter demanding to purchase the boots at the
advertised price. Which of the following is correct? a. JSM must sell the boots at the advertised
price. b. Josh has accepted JSM's offer to sell. c. JSM has made an ambiguous offer. d. Josh has
made an offer. Objective: Summarize the legal defenses to contract formation. 15. Young has just
fired Kathy who was her agent. Young places an ad in the classified section of the various local
newspapers stating that, "Kathy no longer works for or represents Young in any way". Young would
place this ad a. to eliminate any possible liability resulting from actual authority b. to eliminate any
possible liability resulting from apparent

The United Nations Convention On Contracts
The United Nations Convention on Contracts for the International Sales of goods entered into force
January 1 1988. Among the 79 states that have ratified or acceded to the treaty to date are Australia,
Canada, the United States, Japan, the Republic of Korea, China, and Singapore. The Vienna
Convention, as CISG is also known, was designed to systemise and rationalise international
contracts in a particular region, drawing from a common legal framework. The CISG is divided into
three substantive parts plus final clauses. (The 1980 UN Convention of Contract for the
International Sale of Goods, 1990) WHEN DOES THE CISG APPLY? WHEN DOES IT NOT
APPLY? Articles 1 through to 6 constitute Part I, Chapter I of the CISG, "Sphere of Application". ...
Show more content on Helpwriting.net ...
The scope of "sales of goods" governed by the treaty depends on the provisions already discussed,
and on Article 2 which exclude the following transactions: 2(a) consumer purchases (unless the
seller had no reason to know the goods were destined for personal or family use), 2(b) auctions, 2(c)
execution or other sales under legal process, 2(d) sales of commercial paper, securities or currency,
2(e) sales of vessels, hovercraft or aircraft, and 2(f) sales of electricity. Furthermore, 3(a) sales of
specifically fabricated goods for which a substantial part of the input materials are supplied by the
buyer, and 3(2) contracts under which the preponderant part of the obligations of the supplier of
goods consists in the supply of labour or other services are also improper transactions. ARTICLE 5
(The 1980 UN Convention of Contract for the International Sale of Goods, 1990) SUMMARY OF
OTHER PARTS Articles 7 through 13, which make up Part I, Chapter II, "General Provisions",
serve as important guides for the interpretation of CISG, and for its application in concrete cases.
These articles provide rules for determining the intent of parties to a contract, and address the often
crucial issue of the extant to which customs and usages of a particular trade are binding.

Contracts Outline
Contracts II Outline Fall 2005 Professor Jean Powers Cited to Crandall & Whaley's Contracts, 4th
Edition I) Damages (227) A) Introduction (227) 1) General Rule – Contract damages should put the
π in as good of a position as if the contract was fulfilled. 2) No action on a contract need be present
for damages to be proper. An executory contract will suffice. B) Measuring Expectation Damages
(229) 1) Expectation = Expected Value + Costs – Expenses Mitigated 2) Repair Theory – Damages
should put things in the state that they were specified in the contract (IE fix the land as per the
contract) (a) Argument against repair theory is that given a large quantity of money to repair land,
the π will simply keep the money, ensuring a ... Show more content on Helpwriting.net ...
There is no need to form a tacit agreement, if you have informed them of potential losses, then those
losses are foreseeable. (iii) 3 Types of consequential damages in a business situation Lost primary
profits – Lost profits the π would have made in the resale of the faulty goods Lost secondary profits
– Lost profits associated with goods usually sold alongside the primary goods. Secondary profits
should be available if (1) the π is unable to cover and (2) the nonconforming good was the primary
good sold in the establishment. Loss of prospective profits – Lost profits due to loss of good will
towards the store and lost future business. Prospective losses are proven as diminished business after
the restoration of conforming goods (as everything up to this would be primary or secondary
consequential damages) (c) Caveat: under warranty theory, damages to property or person need not
be foreseeable. (d) If allowance for recovery for lost foreseeable profits would create unfairly
disproportionate results, the court may, in its discretion, limit recovery to reliance damages. 3)
Avoidability (P 281) (a) A π is under an obligation to mitigate damages (no actual obligation, just the
Δ has no liability beyond where the π could have reasonably mitigated). (i) The π is also able to
recover damages incurred in a reasonable attempt at mitigation. (b) Notice of Intent to Breach – if
the Δ gave notice of intent to breach, then

Banco International, Inc V. Goody's Family Clothing Essay
LaToya Smith
UCC and Business Organizations
Robert Miller
Midterm Assignment October 11, 2012
Banco International, Inc. v. Goody's Family Clothing
United States District Court, Northern Division 54 F.2d 765
In the case of Banco v. Goody's, the courts ruled that Goody's was not wrong for canceling the
contract due to the finding of justified in reasonably concluding that Banco could not deliver the
product by the date set in the first purchase order between the parties and the failure to deliver the
goods by that date would have substantially impaired the value of those goods to Goody's. Goody's
entered into a contract with Banco to purchase wind suits. On or about July 13, 1994, Goody's
agreed to change ... Show more content on Helpwriting.net ...
The contract was for a total of 62,748 jogging suits that would be custom made for girls and boys.
The total contract price was for $ 749,103.60 that included the shipping of the merchandise, which
would be shipped within six purchase orders. On or about August 29, 1994 they (Goody's)
terminated their contract in writing, which validates a right to cancel. The parties agreed to amend
the first shipment date, Goody's deny that all other shipment dates were to be amended as well.
Goody's feel that there was any "wrongful, unlawful, or without good cause or justification" eras on
their behalf. Was there a retraction of any Anticipatory Repudiation when Banco gave Goody's
assurance shortly after Goody's cancelled the contract? Did Goody's have a justifiable reason to
cancel the entire contract with Banco? The UCC permits the breaching party (subject to some
limitations) to "retract" his or her repudiation. This can be done by any method that clearly indicates
the party's intent to perform. Once retraction is made, the rights of the repudiating party under the
contract are reinstated. The breaching party cannot retract the repudiation. However, if since the
time of the repudiation the other party has canceled or materially changed position or otherwise
indicated that the repudiation is final. [UCC 2–611, 2A–403] According to the UCC §§ 2–609(2)
and 2–609(4) Between merchants the reasonableness of grounds for insecurity and the adequacy of
any assurance offered

Evolution of Health Care Systems
Contracts and licenses
Contracts and licenses are not themselves intellectual property and are generally considered to be a
distinct discipline, not part of the same area of law as intellectual property.
Nevertheless, contracts are essential to our system of intellectual property. They are the means by
which you share intellectual property.
Contracts and licenses are the means by which people let their intellectual property out in a
controlled way.
Importance
Normal people interact with contracts on a daily basis. There are contracts for cell phone service,
contracts for parking your car, and contracts for starting a job. Each time you pay with a credit card,
you are entering a contract.
Contracts are also everywhere in the ... Show more content on Helpwriting.net ...
Property has certain legal privileges associated with it, in particular the right to seek a court order–
an injunction–enforcing your control over that property.
In the context of intellectual property, control is usually defined by use. That means that intellectual
property owners have the ability to ask a court to forbid anyone else's use of their patents,
copyrights, or other IP. If someone else starts exercising control over (using) the intellectual
property without permission, that use is said to infringe on the property owner's exclusive rights.
A license can be thought of as permission to use someone else's property. In a contract context,a
license is an agreement in which one of the terms of the agreement is permission by the property
holder to use the property.
Relative to intellectual property, this license has three practical effects:
It gives people permission to use someone else's intellectual property.
It allows intellectual property holders to put bounds and conditions on the use of their intellectual
property. The most common of these conditions is "pay money," but other restrictions are also
allowed. For example, many software licenses have restrictions on where and how the software is
used and against reverse engineering.
It allows intellectual property holders to exercise their property rights if the bounds and conditions
on the license are not met.

Memo
Memo To: Senior Attorney From: Shaimah Hoosein Date: [ 10/19/2010 ] Re: New Client Angela
Woodside. Angela Woodside visited our firm on December 18th 2007 and played out her scenario
for us so that we can help her resolve this dilemma she has been caught up in. After her meeting,
you've requested that I address the following six (6) issues with my opinion. Please take a moment
to review my research. After reading the scenario between Ms. Woodside and Doyle Contractors the
following are the conclusions I have come to. 1. Has Doyle Contactors breached its contract with
Angela Woodside? Since Doyle Contractors sent a letter to Angela stating that they intend to stop
making monthly payments for the land, they have positively ... Show more content on
Helpwriting.net ...
Woodside. This happens when both parties are able to perform, but due to circumstantial changes
out of their reach, the contract may become null because it's useless for them to honor the
performance of the contract. 5. Ms. Woodside has stated that a farmer has approached her about
taking over the mortgage payments for Doyle Contractors and receiving title to the land. Explain the
contract principle(s) that would apply to such an arrangement, whether it would need to be in
writing and whether you would need approval from Doyle Contractors. The contract principles that
would need to be applied would be the basic principles of offer, acceptance and consideration. In
this arrangement, Ms. Woodside would have to inform Doyle Contractors of the offer from the
farmer, they would then need to consider as well as discuss it with Ms. Woodside to verify it will be
a written agreement and once they have all agreed to this decision, an acceptance needs to be in
placed in order along with signatures from all three parties to validate the contract. 6. If Ms.
Woodside were to permit a farmer to take over Doyle Contractors' mortgage payments, please draft
a contract clause for the agreement between the farmer and Ms. Woodside that would protect Ms.
Woodside should the land's zoning be changed once again. Should Ms. Woodside permit the farmer
to take over Doyle Contractors'

Essay on Business Law
Business Law 304 Case Study case brief–––Gregory, a comedy writer, entered into a contract with
Wessel, a comedian. The contract provided that Gregory would provide Wessel with a 15 minute
monologue for his upcoming appearance on the comedy hour and Wessel will pay $250 to Gregory.
All performers could make $500 per appearance on the comedy hour. and when Wessel was
scheduled to aper on the comedy hour, Gregory informed him that he was unable to provide the
monologue, because last time Wessel was asked to make special guest appearances at three local
comedy clubs performance during the comedy hour. and Wessel bought lawsuit to Gregory for
beach of contract and request damages of $1250. Issue––– The main issue in this case could be ...
if this is done, Wessel can not create a contract by accepting the revoked offer, Gregory. so as long
as the contract do not express that how many time or how long Gregory offer Wessel monologue, he
still have right to revocation the offer. Anticipatory Repudiation––when a party expressly declares
that performance will not be made when required. Gregory informed Wessel that he was unable to
provide the monologue before Wessel appear on the comedy hour. Gregory made in advance of the
time for permanence of the contract obligation. but for Wessel, he was schedule to appear on the
comedy hour, even he received the inform form Gregory just shortly before the performance. so
Wessel could sue gregory get the compensatory damage. because if he receive the inform that he
was unable to have 15 minute monologue performance, he could be made new schedule for himself,
such as go to local comedy club performance to earn the money. The debate point in this case is that
whether Gregory express Wessel could not performance in other comedy club using the some
monologue. if not, Wessel have right to do whatever he want, there is not any condition here, and he
have right to get remedy for his lose. Conclusion this case could be an tricky in the court, because in
the contract they only

Business and Consumer Law
Business and Consumer Law Final Exam Notes Chapter 5: An Introduction to Contracts Contract
Law: A deliberate and complete agreement between two or more competent persons in writing
supported by mutual consideration, to perform an act. It is enforceable in court. Agreement:
composed of an offer to enter into a contract and acceptance of the contract. Complete: the
agreement must be certain. Deliberate: both parties must want to enter into a contractual
relationship. Voluntary: The agreement must be freely chosen, and not manipulated. Between Two
or more Competent persons: Parties that enter into the contract must have legal capacity – that is
they can sue and be sued. Suppoted by mutual consideration: Each party must give something of ...
renting a car) A fundamental rule is that a contract is formed only when a complete offer is
unconditionally accepted by the other side –if the purported offer is sufficiently comprehensive that
it can be accepted without further elaboration or clarification, it is an offer in law Offeror is the
person who makes an offer and offeree is the person whom an offer is made to Termination of an
Offer Revocation: the withdrawal of an offer An offer is only enforceable if some form of payment
has been made for it Option agreement: agreement where, in exchange for payment, an offeror is
obligated to keep an offer open for a specified time (often found in real estate developments) Lapse:
The expiration of an offer after a specified or reasonable period Rejection: The refusal to accept an
offer Counteroffer: the rejection of one offer and proposal of another Acceptance Acceptance: An

Legal Advice Regarding Discharge Of Contracts
This assignment will involve giving legal advice regarding discharge of contracts, a term which
indicates a contract has terminated. A contract can end in many ways yet only two will be covered in
this scenario namely performance and breach. Discharge by performance occurs when the parties
have performed all their obligations. The latter may occur when a party fails to perform obligations
or fails to achieve the terms and conditions set out in the contract. Breach can be of two types actual,
where the party has not performed and anticipatory where one party states that performance will not
take place. A breach of contract can also occur due to substantial performance and part performance.
The former taking place when the conditions ... Show more content on Helpwriting.net ...
In order for the breaching party in this case LCL to be liable, it is vital to distinguish whether the
condition is a mere representation or a term. This will depict whether the party is liable. If it's a mere
representation this will generate a claim for misrepresentation rather than a breach of contract. In
Birch v Paramount Estates it was specified that the greater the significance attached, the more likely
it is a term.
The construction work portrays an expressed term of the contract as it was incorporated in the
contract. This constitutes a breach of contract as LCL have failed to accomplish the term outlined in
the contract. Due to this, Mr Jones is entitled to recover damages as he has to arrange another
company to complete the building work. The compensation Mr Jones is entitled to is namely
quantum meruit as some of the terms incorporated in the contract were accomplished. The purpose
of this is that it will put Mr Jones in a position which he would have been in, if the contract had been
performed. This is known as 'expectation interest'. .
As the breach is repudiatory meaning that a term has not been fulfilled, then the non–breaching
party in this case Mr Jones can either terminate or affirm the contract. By affirming the contract they
will accept the performance of LCL. In Sumpter v Hedges the builders failed to perform all the
obligations set out in the contract known as part

The Case Lawsuit, Debra Nathan Nenn Essay
This claim arises out of a lawsuit filed by Plaintiff, Debra Nathan–Nenn, on her own behalf, and on
behalf of her minor son, Grey Hoffman. The Amended Complaint alleges in general that Ms.
Nathan–Nenn executed a written lease to rent a house from the insureds starting on June 1, 2013.
The plaintiffs further allege that starting on the day the plaintiffs took possession of the house, the
drain in the kitchen sink was not working and the insureds failed to correct this condition. The
complaint continues to allege additional deficiencies in the rental property such as mold growth in
one of the bedrooms and in various locations of the house due to excess moisture and failure to
patch exterior openings, insufficient heating, holes in the exterior walls, an unfinished deck,
insufficient weather sealants, vermin in the crawlspace, frozen pipes and lack of running water. The
plaintiffs further allege that the insureds have failed to address and resolve the above issues. The
most serious claim is that the mold present throughout the house caused the plaintiff and her minor
son to become ill.
The insureds, who live in a separate house on the same property, refute all of the plaintiffs'
allegations with the exception of their concession that a portion of the siding is missing from one of
the exterior walls. They explained that during the renovation of the house, which was completed
approximately one year before the plaintiffs took possession, they had a window removed from

Thorough Business Enterprises Outline Essay
1. Business Law – General a. Nexus of Contract Theory i. Business entities are a nexus of contracts
where parties indirectly contract with each other by contracting with the fictitious legal entity 1.
Advantages of using business entities a. Simplification of formation and management of contractual
relationships b. Reduced transaction costs 2. Parties involved a. Suppliers of physical capital (build
ings, land, etc.) b. Suppliers of financial capital (creditors) c. Suppliers of labor (employees) d.
Suppliers of goods and services ... Show more content on Helpwriting.net ...
Limitations – avoidability, foreseeability, certainty, liquidated 3. Other remedies – specific
performance, injunction, rescission 3. Agency Law a. Agency Law – General i. R2d Agency §1
Definitions: Agency; Principal; Agent 1. (1) Agency is the fiduciary relation which results from the
manifestation of consent by one person to another that the other shall act on his behalf and subject to
his control, and consent by the other so to act. 2. (2) The one for whom action is to be taken is the
principal. 3. (3) The one who is to act is the agent. ii. Fictitious legal entities can only act through
agents iii. Agency law defines the relationship and responsibilities whenever an individual acts on
behalf of a business iv. R2d of Agency 1. Most agency principles are not codified in statutes a.
Instead they are incorporated by reference (Ex: RUPA § 104(a)) 2. This is the definitive statement
on agency and is persuasive authority v. Employment relationships are the most common form of
agency relationships b. Agency Law – Requirements i. Consensual Relationship 1. R2d Agency § 1
– Mutual manifestations of Consent; A agrees to act for, and under the direction and control of P 2.
R2d Agency §15

Oklahoma City Pay Phones
Oklahoma City, the home of the Dodgers, (no not those Dodgers), and typically a vibrant city of
people bustling to and fro, a veritable beehive of activity. It's a city that houses more than half a
million people and isn't typically a place that you would think is in danger of terrorist threats,
domestic or foreign, all this changed however, on April 19, 1995 (Henningfield).
It all started out as any typical Wednesday would, thousands of city workers woke up, went through
their morning routines, and left for work. A fraction of those workers drove downtown to the Alfred
P. Murrah Federal Building. Some dropped their kids at the daycare in the same building, others got
straight to work. To everyone working in the building, that singular Wednesday ... Show more
content on Helpwriting.net ...
The Oklahoma City Bombing wasn't the last disaster that Pam McNicholas found herself working to
help relieve, it wasn't until 1999 that she had to deal with the aftermath of another national tragedy,
the Columbine School Shooting. Because of the hysteria over the shooting, Pam found herself up
late at night, writing code at her own home in order to provide every school in the area with Call
Trace, hopefully providing the schools with the tools necessary to prevent another disaster of that
magnitude

Main Elements of a Contract
Main elements of a contract A contract is a written or verbal agreement made between two or more
parties in which the exchange of goods and/or services is agreed upon through unilateral or bilateral
exchange. A successful contract contains at least six key elements, which detail how this exchange
or exchanges will take place. A contract can also include details of how breach will be handled or
details about how the contract can be legally terminated. Furthermore, a contract can have several
defenses that will make it unenforceable by law. The six major elements of a contract are offer,
acceptance, objections, mutuality of obligation, and competency. In contracts, an offer specifies
what goods and/or services are going to be exchanged. An order can be defined as "an expression of
willingness to contract on certain terms, made with the intention that [terms] shall become binding
as soon as it is accepted by the person to whom it is addressed" (Treitel, 2007). As stated in the
definition of offer, the next step in creating a successful contract is acceptance. Acceptance can also
be referred to as genuine assent and requires that all parties partaking in a contract agree to the terms
outlined in the offer. Legally, all terms outlined in a contract cannot be transferred to a third party,
nor can services be subcontracted out to a third party unless there is a provision included in the
contract that addresses how these circumstances should be handled. Furthermore, all terms

How to Write Law Exam Answers
How to Write Law Exam Answers Personal notes made with reference to Legal Reasoning And
Legal Writing by Richard K. Neumann, Jr. What a teacher looks for * Your understanding of how to
use the rules * Your understanding of what the law is trying to accomplish with them Two kinds of
questions * Hypothetical situations * Response to issue/statement Rubric of grading: what a teacher
looks for when marking * Issue spotting * Knowledge of legal rules * Ability to analyse and solve a
legal problem in depth Reading hypotheticals * 1st read: See the big picture, read from beginning to
end without using your pen. * 2nd read: Underline important things and make notes in margin. * 3rd
read: Make a list on ... Show more content on Helpwriting.net ...
He completed drilling and struck water at 300 feet on October 30. In July, Betty sued Art seeking to
recover her $3500, plus the $4500 paid to Carlos. On August 1, County 's dam failed, thus reducing
the amount of water available for irrigation. Betty lost her apple crop worth $15,000. The loss could
have been avoided by pumping from Betty 's well if it had been operational by August 1. Betty
amended her complaint to add the $15,000 loss. In her suit against Art, what are Betty 's rights and
what damages, if any, will she recover? Discuss. ANSWER A TO CONTRACTS ESSAY ONE WAS
A VALID CONTRACT FORMED? Betty 's (B 's) rights against Art (A) depend on whether a valid
contract was formed between them, and whether it was breached and by whom. A and B clearly
agreed on the subject matter (drilling a well) and price ($10 a foot) and time for performance (June 1
completion). These terms suffice to form a contract. The contract did not have to be in writing. A
writing to evidence a contract is required by the statute of frauds when land is transferred, but not
for services to be performed, as here. Betty would not have rights against A if the contract called
only for drilling for water, but the subject matter here is clearly a completed well, not the mere act of
drilling: B 's interest (known to A) was in the water, and she asked him about drilling "to supply
drinking water," and further asked for a

Contracts Notes
DURESS 1. Generally If one party pressures the contractual consent of another by duress the
contract is voidable by that other party (See Also s 52A TPA and s 39 FTA). The common law has
long recognised that duress, in the form of coercion of the plaintiff's will through illegitimate
pressure or threats to the plaintiff's interests, render a contract voidable (Barton v Armstrong).
Traditionally, the common law concept of duress was limited to actual or threatened violence to the
person of the contracting party or their family or near relatives constitutes duress (Seear v Cohen;
Barton v Armstrong). It appears that today, the emphasis appears to have shifted away from the
notion of coercion of the will of the plaintiff to the ... Show more content on Helpwriting.net ...
For the purposes of economic duress, 'unconscionable conduct' refers to the effect of the pressure,
upon the quality of the consent of the pressured party, rather than the quality of the conduct of the
party against which relief is sought (Westpac Banking Corporation v Cockerill). Economic duress
may include a threat to break a contract unless it is renegotiated without any legal justification for
doing so (North Ocean Shipping Co Ltd v Hyundai Construction Co Ltd (The Atlantic Baron)).
Contract Modification Cases: Cases involving contract modification may be difficult to resolve in
practice. It has been suggested that a threat to breach a contract unless it is modified may be
distinguished from a warning, request or offer. A threat is a proposal to bring about an unwelcome
event unless the recipient of the proposal does something (Atlas Express Ltd v Kafco Ltd). A
warning is a prediction that an unwelcome event will happen or that it will happen if circumstances
arise – this is different to a threat, as the speaker has no control over the unwelcome consequence
(Williams v Roffey Brothers and Nicholls). o For example, subcontractors whose costs rise
dramatically midway through the contract sometimes advise the head contractor that unless they are
paid more, they will be forced to breach the contract. If as a result of higher costs

Legal Case Study
Assume it is now July 2017, what legal advice would you provide to both Rose and Dennis? Dennis
has purchased an old building in which Rose, a long–standing friend has asked to lease this building
from Dennis, with the intentions to run a florist business. Dennis agrees to this proposal and a
written signed leased agreement was prepared and signed by both parties involved. A fee was agreed
that Rose would pay Dennis $2,000 a month in rent. Further down the track rose beings to struggle
with cash flow and profit and requests Dennis to reduce to rent to $1,000. This lesser rent was
agreed through a handshake and no formal written agreement was written down on paper. Dennis
approaches Rose further down the track requesting for the rent to ... Show more content on
Helpwriting.net ...
There are several guarantees under the ACL, however the applicable ones to Con's case are the
following (Commonwealth Consolidated Acts, 2010). Guarantee that goods correspond with
description s56 Guarantee that goods are of acceptable quality s54 Guarantee that goods are
reasonably fit for purpose for which goods of that kind are commonly supplied s55 As Con had not
previously dealt with Liberty Furniture, or seen any demonstration models, Con cannot claim the
Guarantee in s57 (goods match their sample) The quality of the product was not up to Con's
standards. After just a limited usage of 2 weeks the furniture began to break. The guarantee in s54
states that goods must be of acceptable quality, in which fit for all purposes for which goods of that
kind are commonly supplied; acceptable in appearance and finish; free from defects; and durable.
Con can also claim the s55 guarantee in which he should receive goods that are fit for purpose.
Goods that fail to work or break within a two–week period are not considered fit for purpose thus
liberty furniture has breached this guarantee. The final guarantee Con can claim is s56. This is
where the good supplied do not match those of what was described. It was described that they were
to receive "commercial grade, long lasting furniture" however

How Does The Ucc Apply For Finance Leases?
10. How does the UCC apply to finance leases? Lease financing is a contractual relationship formed
between a lessor, lessee and a supplier. The lessor buys goods from the supplier and rents the goods
to a lessee who is given the right to possession of the good for a specified amount of time. This turns
into a financing situation, since the lessee owes a debt to the lessor for purchasing the goods on
behalf of the lessee . The lessor will usually benefit from an interest rate percentage that is collected
from the lessee in exchange for financing the goods. Article 2A of the U.C.C is dedicated
completely towards the true leasing of goods (Clarkson, 2015, p.383). Although the rules governing
the leasing of goods is similar to the sale of goods covered in Article 2, Article 2A specific contract
rules pertaining to leasing relationships. Under Aricle 2A–407, the lessee's obligations to the finance
contract are irrevocable and separate from the obligations of the financer. The lessee is obligated to
make payments regardless if the equipment's ends up defective and must refer to the supplier for
relief of the defective product(Clarkson, 2015, p.). For example, a Bank purchases equipment and
leases it to ABC Corp. The equipment later turns out to be defective and ABC Corp. stops making
lease payments. The bank will be able to sue ABC Corp. because under Article 2A, payments are
due regardless of the equipment condition. 11. A company orders 80 printers from a supplier. The

TB11e 10
Chapter 10
Contracts
TEST BANK
1. The ______________ evolved in commerce over the centuries.
a. law of contracts
b. law of commerce
c. law of trade
d. law of documents
e. law of freedom
ANSWER: a (page 262)
National: AACSB Analytic; Communication; AICPA BB–Legal
2. The ______________ evolved in commerce over the centuries.
a. law of invention
b. law of commerce
c. law of trade
d. law of documents
e. none of the other choices are correct
ANSWER: e (page 262)
3. The ________________ means that there are also responsibilities imposed on parties who commit
to binding relationships in contracts. a. freedom of speech b. freedom of contract c. freedom of sales
d. ... Show more content on Helpwriting.net ...
an unwritten code concerning contract law
e. a document detailing the rules for engaging in international commerce
ANSWER: c (page 263)

16. The Restatement (2d) of Contracts is:
a. Britain's legal code concerning contracts
b. an amendment to the Constitution
c. a document detailing the rules for engaging in international commerce
d. an unwritten code concerning contract law
National: AACSB Analytic; AICPA BB–Legal
17. The Uniform Commercial Code (UCC) was designed to:
a. prevent copyright violations
b. increase the number of inventions patented by U.S. inventors
c. promote uniformity of the laws relating to commercial sales of goods
d. promote inter–state trade
e. promote intra–state trade
ANSWER: c (page 263)
18. The Uniform Commercial Code (UCC) was designed to:
a. prevent copyright violations
b. increase the number of inventions patented by U.S. inventors
c. promote intra–state trade
d. promote inter–state trade
National: AACSB Analytic; AICPA BB–Legal
19. The code that was designed to promote uniformity of the laws relating to commercial sales of
goods is known as: a. the Uniform Commercial Code b. the Universal Commercial Code c. the
Commercial Code of the United States of America d. the Commercial Code e. the

BSP1004 Tutorial Answer Essay example
Tutorial 1– Introduction to Legal Environment of Business 1a) This is a civil matter as it is a private
dispute between S and T which is not harmful to society. The dispute should be resolved through
mediation. This is because it is cheaper, faster, more informal, and also private. Most importantly, it
creates a win–win situation which will allow S and T to preserve their business relationship and
compromise to settle the dispute amicably. b) This is a criminal and civil matter. It is criminal as
theft is against public interest and safety and illegal under Section 379 of the Penal Code. At the
same time, it is also a civil matter as breaking into the store and stealing jewellery is a private wrong
against the owner of the store. ... Show more content on Helpwriting.net ...
The business will first have to file for litigation before the option for mediation at PDRC ill become
available. Since litigation is very expensive and requires lawyers, lawyer fees and takes a longer
time, SMC ill be faster and cheaper overall. Moreover, the mediator appointed at SMC is not a judge
but rather, a professional with technical expertise and field experience in the matter being disputed.
This ensures a more practical judgement as compared to at PDRC, where the mediator is a judge of
the Subordinate Courts. 4) A business which has not chosen to go for SMC will go for mediation
services offered by the court at PDRC as many people may be unfamiliar/unaware about mediation
at SMC being an option and thus filed for litigation directly. After being made aware of the option of
mediation, many would go for PDRC as it wastes less time, since litigation usually involves long
waiting periods after applying for litigation to go to trial. Thus, most would just try mediation first
and only proceed with litigation if mediation at PDRC fails, especially since it is free. Given that
litigation has started, both parties are also more likely to compromise than before. 5) Yes, you can
go for arbitration even if both the businesses are local. 6) The business can negotiate with the
lawyer, or choose instead to have the bill taxed in court ie have the bill examined by the court to see
if it has indeed been overcharged. Alternatively, it may

Authority Of The Owner As A Construction Manager Or A...
1. Apparent Authority – authority beyond that is described in any contract documents; contrary to
the owner, if an individual is seen to be fulfilling the actions of the owner when approving changes
without the direct oversight of the owner, that individual would be seen as having apparent authority
of the owner. 2. Acceptance – the "agreement" to the terms of an offer pertaining to a construction
contract. The term could also pertain to the confirmation of a proposed completion of a body of
work as to meeting the standards agreed upon. 3. Agent – an individual who acts on behalf of, or in
place of, the person with expressed authority. In construction, an owner's agent could be a
construction manager or a design professional for ... Show more content on Helpwriting.net ...
8. Consideration – a requirement to form a contract; typically one party makes an offer for a service
and another party accepts this service in exchange for monetary compensation. 9. Contract – an
agreement between at least two parties that can be verbally agreed upon or transcribed to paper. To
form a contract there must be an offer and acceptance in a meeting of the minds, consideration, and
finally the capacity to lawfully enter into a binding contract by both parties. 10. Contributory
Negligence – a person who is injured cannot collect any damages if he/she was responsible for the
injuries incurred. 11. Course of Dealings – when a generally accepted procedural system is used
because the process works efficiently; relative to contracts, a contract is agreed upon based on an
understanding, but it is not necessarily explicitly written in the contract. 12. Declaratory Judgment –
a decision that decides whether or not a law in question pertains to an individual. 13. Design
Professional – a licensed architect or engineer responsible for the design aspect of a construction
project; often, the design professional can be involved with contract interpretation or be an agent of
the owner. 14. Duress – an outside force(s) that pressure or force an individual to do something
against their own will. 15. Duty to Cooperate – the responsibility of a group to work together toward
a common goal. 16.

Formal Vs. Formal And Informal
In 2005, there was an estimated 26,950 cases that went to trial involving contracts. Of those trials,
18,404 were jury trials and 8,543 were bench trials. A contract can be described as an agreement that
can be enforced in court. It is formed by two or more parties, each of whom agree to perform or to
refrain from performing some act now or in the future (Clarkson, et al. G–10). Contracts come in
three different classifications: bilateral vs. unilateral, formal vs. informal, and express vs. implied. A
bilateral contract is a promise for a promise, where as unilateral is a promise for an act. A formal
contract requires the creation of said contract to be in a special way, and informal does not require
this. Finally, an express contract is a contract formed by words, but an implied contract is formed by
the conduct of the parties. Contracts require two or more parties for them to be valid. There must be
an offeror, which is the party that is making an offer, and an offeree, the person receiving the offer.
The offeree is the deciding party that determines whether the contract will be bilateral or unilateral.
This determination is made by if the offeree can accept the contract by making a promise to agree to
the terms, or if the offeree must do what the contract is asking first. If the offeree is able to make the
promise to bind the contract then it is bilateral, and if the offeree is required to do what the contract
is asking first it is unilateral. With unilateral contracts

Who Is An Agent?
1. Apparent Authority – It is a situation when a third party starts believing that the person working
on behalf of the owner has more authority than it was described in the contract. In this situation, the
owner is bound by the actions of that person. 2. Acceptance – It is the agreement by one party to the
offer presented by another party to it. After the offer has been made there is a stage of consideration
which decides whether it will be accepted or not. 3. Agent – An agent is a person who is authorized
by another person or party to take decision on their part. The agent has the authority or power to
bind the party he/she is representing by contract with third parties. 4. Anticipatory repudiation – It is
a form of a breach of contract which occurs when one of the parties involved in a contract refuses to
perform the work they were responsible for according to the contract. 5. Breach of Standard of care
– Standard of care can be referred to as the level of attention, carefulness and common sense a
reasonable person would show while working. Breach of standard of care is failure to meet this
standard of care. 6. Capacity to contract – To enter into a contract, a person has to be legally able in
terms of legal age and mental state which is known as the capacity to contract. 7. Contractual privity
– Contractual privity means that the rights offered and obligations imposed under a contract are
applicable only to the parties involved in that contract. 8. Consideration –

Business Law I Summary
Chapter one Business Law Law is a set of rules, enforceable by the courts, which regulate the
government of the state and governs the relationship between the state and its citizens and between
one citizen and another. There are various ways in which the law may be classified; the most
important are: * Public and private law * A) Public law is concerned with the relationship between
the state and its citizens. Specialised areas are: 1. Constitutional law is concerned with the workings
of the british constitution. It covers such matters as the position of the Crown, the composition and
procedures of Parliament, the functioning of central and local government, citizenship and the civil
liberties of individual citizens. ... Show more content on Helpwriting.net ...
* Political parties and pressure groups Law making processes 1. Legislation is law enacted by the
Queen in Parliament in the form of Acts of Parliament r statutes. Parliament consists of two
chambers(House of Commons and House of Lords). House of Lords is not an elected body. 2.
Parliamentary sovereignty: the supremacy of Parliament in the legislative sphere is known as the
doctrine of parliamentary sovereignty. It means that Parliament can make any laws as it pleases, no
matter how perverse or unfair. Example: Factorname Ltd v. Secretary of State for Transport (page
17) 3. The making of an Act of Parliament: the procedure by which a legislative proposal is
translated into an Act of Parliament is long and complicated. Before all the stages in the process
have been completed, the act is known as a bill. Kind of bills: * Public Bill change general law or
affect the whole of the country. * Private Bill do not alter the law for the whole community but deal
with matters of concern in a particular locality or to a private company or even individuals *
Government bills are introduced by a minister with the backing of the government and are almost
certain to become law. * Private members bill are introduced by an individual MP or private peer(in
the House of Lords) without guaranteed government backing. Example law making continued:
Donague v. Stevenson (page 345) Stages bill have to go through: House of

Plaintiff Case Study
Plaintiffs' allegation that they suffered a constructive eviction is also legally deficient. Although a
tenant is justified in abandoning the premises if a landlord's breach renders the premises
uninhabitable, a tenant waives the landlord's breach if she does not vacate the premises within a
reasonable time. Shaker & Associates v. Medical Technologies Group, Ltd., 315 Ill. App. 3d 126,
135 (1st Dist. 2000). Various factors are considered when determining whether the length of time
before vacation is reasonable, such as promises by the landlord to repair and time required to find a
new location. Id. While the question of what constitutes a reasonable time for vacation is usually a
question of fact, "it may become a question of law." Chicago ... Show more content on
Helpwriting.net ...
Despite these opportunities, Plaintiffs still have not filed a complaint that complies with section 2–
603 of the Code, and therefore, this Court should strike their complaint with prejudice. Further,
Plaintiffs have not alleged sufficient facts to sustain an anticipatory repudiation of a contract claim,
and have waived any claim based on a constructive eviction. Finally, Plaintiffs cannot maintain their
breach of contract causes of action because, by their own admission, they failed to perform their
contractual obligations. Therefore, Counts V, VI and VII should be dismissed with prejudice.
WHEREFORE, pursuant to 735 ILCS 5/2–603(a) and (b), Defendants respectfully request that the
Court grant their motion and dismiss Plaintiffs' Third Amended Complaint for failing to plead a
plain and concise statement. In the alternative, pursuant to sections735 ILCS 5/2–619.1, 2–615, and
2–619(a)(9), Defendants respectfully request that the Court grant their motion and dismiss Counts
II, V, VI, and VII of Plaintiffs' Third Amended Complaint and request such further relief as the
Court deems just and

Business Law Assignment
This assignment involves me: * Explaining the law with respect to consumer protection * Analysing
how consumers are protected in the event of a breach of contract for sale of goods * Describing
remedies available for breach of contract * Analysing the remedies available to a business provider
in the event of a breach of contract for the supply of goods or services
Task 1
Heep Ltd want to leave some lorries for two weeks at micawbers garage, the following morning
heep received a note from micawaber, on the back were conditions exempting mikiwaber for 'any
kind of loss or damage in respect of vehicles in his care' one of the lorries were left in a side street
next to the garage while vehicles were being rearranged in the ... Show more content on
Helpwriting.net ...
It was not reasonable to expect the claimant to remember the clause from one transaction to the next.
Consequently the garage was liable to pay for the damage.
I would advise mikiwaber that he should pay for the missing lorry and that he didn't provide a
reasonable duty of care which the law states he should have. The lorry he should have been looking
after was left in a side street which would mean he doesn't have control of the safety of the vehicle.
The goods were not stored where they had agreed to be stored. The fact that he expressed his
excluded liability on a note is irrelevant as it breaks section 2 (2) of the goods and services act. The
note was already a day late also and this is after the contract has begun. For any clauses to work they
need to be declared at the time the contract was made.
I would refer him to the following case which shows the proper way to exclude liability.
Thompson section 2 (1)
Mrs. T bought a railway ticket. it said 'for conditions see back ', on the back of the ticket was a
clause excluding the liability of the railway for an injuries whatsoever cause, Mrs. t couldn't read,
mrs t was injured when she fell out of the train at the platform (as there was no platform at her
carriage doorway. she argued that she didnt know about it because she couldnt read.
Held the clause was in a reasonable place on the back of the ticket and it had been communicated to
most people.

Offer and Acceptance
Offer and acceptance | Contract law | Part of the common law series | Contract formation | Offer and
acceptance · Mailbox rule Mirror image rule · Invitation to treat Firm offer · Consideration |
Defenses against formation | Lack of capacity Duress · Undue influence Illusory promise · Statute of
frauds Non est factum | Contract interpretation | Parol evidence rule Contract of adhesion Integration
clause Contra proferentem | Excuses for non–performance | Mistake · Misrepresentation Frustration
of purpose · Impossibility Impracticability · Illegality Unclean hands · Unconscionability Accord
and satisfaction | Rights of third parties | Privity of contract Assignment · Delegation Novation ·
Third party ... Show more content on Helpwriting.net ...
This can be something as simple as raising an eyebrow or wearing a certain color t–shirt. It can be
contrasted with a bilateral contract, where there is an exchange of promises between two parties. In
Australian Woollen Mills Pty Ltd v. The Commonwealth (1954), the High Court of Australia held
that, for a unilateral contract to arise, the promise must be made "in return for" the doing of the act.
The court distinguished between a unilateral contract and a conditional gift. The case is generally
seen to demonstrate the connection between the requirements of offer and acceptance, consideration
and intention to create legal relations. Invitations to treat An invitation to treat is not an offer, but an
indication of a person 's willingness to negotiate a contract. In Harvey v. Facey[4], an indication by
the owner of property that he or she might be interested in selling at a certain price, for example, has
been regarded as an invitation to treat. Similarly in Gibson v Manchester City Council[5] the words
"may be prepared to sell" were held to be a notification of price and therefore not a distinct offer,
though in another case concerning the same change of policy (Manchester City Council underwent a
change of political control and stopped the sale of council houses to their tenants) Storer v.
Manchester City Council[6], the court held that an agreement was completed by the tenant 's signing
and returning the

Essay on The Y2K Problem
The Y2K Problem
The Y2K problem...the Y2K glitch...the millennium bug. Whatever you call it, it is the inability of
some computers and computerized systems to correctly recognize dates after December 31, 1999.
Many products have microchips that have been programmed to process only the last two digits of a
year on the assumption that the first two would be one and nine. As a result, 98 is read as 1998, and
00 could be read as 1900 instead of 2000.
Y 2 Care About Y2K: Checklist
How do you know if you will encounter Y2K problem? I have prepared the following checklist to
help you avoid being bitten by the millennium bug.  If you have a personal computer, PC
software, fax machine, camcorder, camera, digital ... Show more content on Helpwriting.net ...
Make sure you are satisfied with the answers.
 Get a copy of your credit report from one of the three major credit bureaus.
Contact: Equifax (800) 685–1111 Experian (800) 682–7654 TransUnion (800) 916–8800
 If you have insurance policies, keep copies of the policies and records of the payments
you make.
 If your credit cards expire after 1/1/00, you may want to carry alternate forms of payment
such as cash or checks as a backup in case a retailer's equipment is unable to process the 00 card.
Ask retailers how they will accommodate customers who wish to use credit cards when their
equipment fails.
The Y2K Bill provides for the following:
The Year 2000 Information and Readiness Disclosure Act provides that no Year 2000 (Y2K
problem) readiness disclosure (a statement concerning Year 2000 computer compliance information)
shall be admissible in any civil action arising under Federal or State law against the maker of the
disclosure to prove the accuracy or truth of any year 2000 statement in such disclosure, except: (1)
as the basis for a claim for anticipatory breach or repudiation or a similar claim against the maker;
and (2) when a court determines that the maker's disclosure amounts to bad faith or fraud or is
otherwise unreasonable.
As well provides that the maker of such a statement shall not be liable in an action based on an

Breach of Contract and Remedies
Forms of breach of contract and the remedies that can be used.
Table of contents: Introduction Contracts as a whole Forms of breach of contracts Remedies
Introduction:
As long as human kind can remember contracts has been in the existence. Goods were exchanged in
order to survive. Therefore a contract can be described as an agreement between two (or more)
people where one person offers to do something and another person accepts that offer. So when
someone agrees to sell and another agrees to buy or exchange something for it, they have entered
into a contract.
Contracts as a whole:
You may ask what the requirements for a contract are. There must be an agreement between people
about what each person must do in ... Show more content on Helpwriting.net ...
In the case of an obligatio faciendi, positive malperformance occurs when the debtor delivers an
improper or incorrect performance. Example you have paid for a certain DVD machine and on
receiving it, it is not functioning as was promised.
4. Repudiation
It differs from making performance impossible. Repudiation creates relative certainty that eventual
performance will be absent or defective, (we are almost sure that performance will be absent), while
making performance impossible creates absolute certainty that this will happen. In other words
repudiation means turning one`s back on an agreement.
5. Prevention of performance (rendering performance impossible).
Making performance impossible. It's the conduct by either a creditor or a debtor which makes the
delivery of his own or the other party`s performance impossible. This can happen at any time before
performance takes place, even after the date when performance has become due. Because it takes
place before performance, it is also a form of anticipatory breach.
Legal remedies for breach of contract.
One of the parties to the contract is in breach; the other party (the victim or the aggrieved party) is

entitled to a contractual remedy or remedies. When a breach of contract occurs the innocent party
basically has two options: Either to opt for the fulfilment of the contract or

Barden V. Ginny Case Summary
issue
The issue is whether the UCC or Common law apply when Helen and Reggie discussed the sale of
Reggie's piano. rule The Universal Commercial Code (UCC) governs transactions in goods, which
are all things that are tangible and movable at the time of identification to the contract for sale.
analysis Here, the common law, not the UCC, applies because Tom Barden is not selling a good of
any kind. issue The issue is whether Joe and John can legally sue Tom, when he informed them he
could not afford to send them to boarding school and if they can sue immediately or must wait until
September 2012. rule For third party contracts you must identify the players, determine if the third
party is a third party beneficiary, determine if the promisors ... Show more content on
Helpwriting.net ...
Injured party has right to sue right away. A repudiating party can retract/withdraw the AR, as long as
the retraction comes to the injured party's attention before the injured party materially changes his
position in reliance on the repudiation. A non–repudiating party can ignore/waive the AR by putting
off their ability to sue immediately and saying they'll wait till law day to see if the party will
perform. A non–repudiating party has an obligation to mitigate damages if there is an AR. A non–
repudiating party can provide the repudiating party time to repent the AR. If all that's left in an
agreement is to pay money, AR does not apply; cannot sue until you wait to see if payments will be
made. Insolvency is not an AR but a perspective inability to perform. A non–repudiating party may
demand assurance for an AR and

Case Of Firosa Spolka V Fairbarn (1943)
Contracts are defined as a legally or mutually binding agreement between two or more parties that is
intended to be enforceable by law. Ideally, when a contract is entered into by both parties, there
should be no complications involved throughout the duration of the contract but this is not always
the case. A discharge of contract is when a situation arises that causes the termination of the
contract. One of the manners in which a contract can be discharged is to be discharged by
frustration., this can occur if there is a change in circumstances after the contract has been made
which is no fault of either of the parties involved, which then renders the contract impossible to
carry out or deprives the contract of its commercial purpose. The doctrine of frustration does not
apply if the agreed contract contains provisions dealing with foreseen events that may occur. "A
contract may be discharged by frustration only when something occurs after the contract ... Show
more content on Helpwriting.net ...
On the 12th July 1939 a textile machinery manufacturer based in England agreed to supply some of
its machines to a company based in Poland. The Polish company agreed to pay £1600 up front with
the remaining £3200 payable on the proposed delivery date in 3–4 months. £1000 of the initial
payment was paid by the Polish company on the 18th July but on the 1st September, Germany
invaded Poland and following this, England declared war on Germany on the 3rd September. Due to
these circumstances occurring, on the 23rd September orders in the British council declared that
Poland was now an enemy territory, which made it illegal for English companies to trade with
Poland. The contract was held to be frustrated as the illegality made it impossible to perform the
duties of the

Business Law Department Exam
DEPARTMENT EXAM TEST BANK SPRING 2011 True/False Indicate whether the sentence or
statement is true or false. __F___ The Offeror Is The Party With The Power To Decide Whether To
Create A Contract. __T___ An offer made as a joke, where a reasonable person would conclude that
it was made as a joke, cannot result in a contract. __T___ The communication of an offer can be
made by the offeror or the offeror 's agent. __T___ Generally, advertisements, catalogs, price lists,
etc. are not treated as offers. __F___ A counteroffer is treated as both a revocation and a new offer.
_T____ Consideration can consist of giving up a legal right. __T___ A promise to act or to refrain
from doing an act can serve as consideration. __F___ ... Show more content on Helpwriting.net ...
The parties agree on a term of nine (9) months, and a $10,000 salary per month. Per their agreement,
Teresa is to begin work on January 1. This contract falls within the scope of the statute of frauds,
and thus will likely have to be in writing to be enforceable. ___F__ An offer can never be validly
accepted by the offeree's silence. __F___ Wendy offers to pay Jose $1,000 if he agrees to promise to
paint her house this month. If Jose accepts the offer, it will create a unilateral, executed contract.
__F___ A contract to provide lawn and landscaping service for "the next six (6) months" falls within
the scope of the statute of frauds, and must be in writing to be enforceable. __T___ Fred offers to
paint Debbie's home for $500. Debbie tells Fred she will only pay $450, and Fred agrees. Under
these facts, Debbie is the "offeror." __T___ Sarah, an artist, e–mails Patricia and offers to paint her
portrait for $499.99. Patricia calls Sarah back and accepts the offer. Sarah promises to paint the
portrait within one (1) year, if not sooner, and Patricia agrees to pay within six (6) months of the
portrait's receipt. This is an enforceable, bilateral, executory contract. ___F__ Sue leases her 3
Bedroom, 2–bath home to Trisha for $300,000 for one year. The parties sign a written lease. Article
2–A of the UCC governs this contract. ___F__ Bob, a schoolteacher, sells his neighbor Sam an old
office chair at a garage sale. Bob has given Sam an "implied warranty

The Case Of Lucy V.
Page 180 1. In the case of Lucy v. Zehmer, the courts focus for upholding Lucy's claim of assent,
thus, establishing a legal and binding contract to purchase Zehmer's farm for $50,000, was
established in part due to the conditions of "objective intent" being met. The court discerned that
Lucy's objective intent was founded in the fact that Lucy had every intention of meeting the
conditions of the mutually negotiated and accepted contract which was written and signed by both
parties. In establishing the objective intent, the court only needed to look at whether or not the
contract would be deemed as such by a reasonable person (Bethel University, 2011, pp. 178–179). 2.
In order for the court to determine that a contract did not exist between Lucy and Zehmer, a few key
indicators would have to be changed, the first of which is "mutual assent". By definition, mutual
assent is achieved when both parties come to an agreement by means of an offer and acceptance of
said offer. If Zehmer had simply not accepted the offer made by Lucy then mutual assent would not
have occurred, which would have resulted in the court being unable to establish that a valid contract
existed between the two parties (Bethel University, 2011, pp. 178–179). Another fact, which could
have resulted in an entirely different outcome, would have been for Zehmer to not have written
anything down. Although in some instances a written agreement is not required in order to establish
the existence of a contract, in

Business Law Questions and Answers
ANSWERS TO AICPA QUESTIONS CHAPTER 10 INTELLECTUAL PROPERTY RIGHTS
AND THE INTERNET 1. (a) Computer software is covered under the general copyright laws and is
therefore usually copyrightable as an expression of ideas. Answer (b) is incorrect because copyrights
in general do not need a copyright notice for works published after March 1, 1989. Answer (c) is
incorrect because a recent court ruled that programs in both source codes, which are human
readable, and in machine readable object code can be copyrighted. Answer (d) is incorrect because
copyrights taken out by corporations or businesses are valid for 100 years from creation of the
copyrighted item or 75 years from its publication, whichever is shorter. 2. (c) Computer ... Show
more content on Helpwriting.net ...
Answer (c) is incorrect because Summers' offer was rejected by Fox's counteroffer. Answer (d) is
incorrect because with rare exceptions, silence does not constitute acceptance. 3. (c) Peters' offer
had been revoked. Since revocation notice can be received either directly or indirectly, Mason, in
effect, received the revocation notice when he was told the mower had been sold to Bronson; and
therefore, Mason's acceptance was ineffective, even though the specified time of the oral contract
had not expired. Peters' offer had been revoked prior to Mason's acceptance. There was no
obligation on the part of Peters to keep the offer open, since there was no consideration for him to
do so. CHAPTER 14 CAPACITY AND GENUINE ASSENT 1. (a) Where a mistake is made by
only one party (a unilateral mistake), the rule is that the mistaken party is bound by the contract
unless the nonmistaken party knew of the mistake or should have known of the mistake. In this
question, the nonmistaken party knew of the mistake; thus, the mistaken party is not bound by the
contract. Whether the mistake was a result of gross negligence is irrelevant. 2. (a) Answer (b) is
incorrect because a disaffirmance need not be in writing. Answer (c) is incorrect because a minor
can disaffirm at any time during minority or for a reasonable time thereafter regardless of payment.
Answer (d) is incorrect because a minor need only return whatever consideration he/she has, even if
damaged or

Constructive Eviction Claim Plaintiffs Ignore Plain Language

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