The six essential elements of a contract are Contractual capacity is when the parties involved in the contract must both understand the purpose of the contract, and that if they fail to do their share of the contract it may lead to a lawsuit. Nevertheless, minors, mentally incompetent, and the very intoxicated are viewed by laws as people who doesn’t have the capacity to contract. Mutuality is the agreement of both parties to the contract. For example, a hotel offers to pay a specific price for lobby furniture and the person selling the furniture accepts the offer. Legality is that the contract must be based on a legal agreement. if the parties contract is illegal then the contract is void. …show more content…
Which of the following types of damages will a plaintiff in a breach of contract case be able to recover? Speak to each, why or why not?
A. Lost Profits, the plaintiff in a breach contract will be able to recover lost of profit through compensatory damages, the breaching party will still have to pay what they agreed to pay in the contract. This is shown in the case BBQ Texas, Ltd. V. Affiliated Business Brokers, Inc. in this case BBQ&AAB had a 10 percent commission contract if BBQ could find a buyer for their restaurant but AAB refused to pay by adding the sale of real estate to the contract even though it was not initially there. However, the jury decided that AAB still had to pay the commission they promised.
B. Pain & Suffering, the plaintiff is not entitled to damages unless there must be proof that this breach caused legitimate pain and suffering.
C. Punitive damages, Punitive damages is not often given in cases of breach of contract. Unless they prove that the damages were foreseeable to the breaching party.
9. List eight items that should be included in a catering contract?
The eight items that should be included in a catering contract are:
1. The date of the affair
2. Attire of servers
3. Equipment to be provided by caterer
4. Decorations, color scheme, and