Millie contracted to sell Frank 10,000 bushels of corn to be grown on Millie’s farm. Due to a drought during the growing season, Millie’s yield was much less than anticipated, and she could deliver only 250 bushels to Frank. Frank accepted the lesser amount but sued Millie for breach of contract. Can Millie defend successfully on the basis of outcome impossibility of performance? Explain. Discuss the elements of impossibility of performance and the three situations where this defense can be used.…
After analyzing how Locke and Hobbes understand the state of nature it is evident that they share many ideas but they also show essential differences in their ideas. Hobbes regards the state of nature as a state of war, in which natural law is established only after a process of reasoning. This process leads men to the conclusion that they must somehow find…
Enforceable contract Peter v. Don. Peter will have an enforceable contract with Don if he can show that all the required elements of a contract are present. If there is a contract between the two then it will be governed by the common law requirements of an enforceable contract instead of the Uniformed Commercial Code, which would be used if their agreement had involved the sale of goods. In order for a contract to be formed between Peter and Don the two must react mutual consent Mutual consent can generally be formed through the form of an (A) offer and (B) acceptance. An additional requirement for both parties to show (C) consideration is also required for there to be an enforceable contract.…
Anywhere from 25% to 66% of households in the U.S. today belong to the middle class, but what exactly determines if a worker or family is considered middle class? How was the middle class created, and which events have had an effect on the middle class over the decades? This paper aims to answer those questions, as well as taking a look at the impact of specific collective bargaining gains and attacks on public sector bargaining.…
Facts: P is suing D for wasted expenditure arising from D’s breach of K to star in their production…
Hobbes, T. (1972). The Case against anarchy. In J. Rachels & F. Tillman (Eds.) Philosophical…
“Australia’s legal system is based on the English legal system.” To what extent is this statement correct? Discuss.…
If we suppose the prisoners can’t talk to each other. For prisoner B, if A stays silent (1year or 3years)B would better betray; and if A betray it’s also better for B to betray. Generally B should betray. In the same way, A should betray.…
Todays media and entertainment have recently been flooded with movies and TV shows based on a post apocalyptic world where the world has fallen into disarray and it has become every man for themselves. While there have been many terrible crimes against humanity our world hasn’t submitted to dissolution and in large part we have remained united. The reason the world hasn’t fallen back into such a primitive state is because of the social contract theory; the social contract theory is a theory about creating rules for humanity. Due to the social contract theory people had to change the way they thought and made decisions and these personal decisions eventually had a ripple effect on the larger community. Unlike theories in physical science, social…
Scenario 1: The Mayor of a large city was given a free membership in an exclusive golf club by people who have received several city contracts. He also accepted gifts from organizations that have not done business with the City but might in the future. The gifts ranged from $200 tickets to professional sports events to designer watches and jewelry.…
The respondent is unable to justify the violations of Section 8 and 10 of the canadian charter of rights and freedoms (charter) with regards to section 24 (2) of the charter. Section 24 (2) states that where in proceedings under section (1), a court concludes that evidence was obtained in a manner that did not infringe or deny any rights of freedoms guaranteed by the charter, the evidence shall not be excluded if it is established that, having regard to all the circumstances, the admission of it in the proceedings would bring the administration of justice into disrepute (charter).…
‘So, I ask you, which of these systems epitomize life’s natural order? Which of these systems will produce individuals who possess the skills and habits of mind necessary to confront the realities of this nasty, short, and brutish life? Will the greatness of this nation be maintained by individuals who believe that life owes them a living, or by those who believe that anything they are due will be reaped by talent, ability, and, at times, ruthless cunning?’…
The natural state of humanity promotes personal freedom and rights with the demand of peace. They are born inherently good and in a “state of perfect freedom.”1 The law of nature is the primitive law of life that creates personal rights. The law of nature protects people’s freedoms and keeps them under a code. While individuals are born inherently good, moderate greed is included in the law of nature as a way for “[man] to preserve himself” and to “preserve the rest of mankind.”2 The individual is put before all of mankind because mankind cannot survive without the individual. While the individual is the most important there are restrictions to protect each man’s freedom. The law of nature Hobbes creates a state of nature where each man fights and survives for himself. In Hobbes’s state of nature there is no way for each man to thrive. Locke believes that not all men are evil and sets the law of nature to be livable for all individuals. Locke does not follow Hobbes’s brutal state of nature by not allowing men to violate the rights of other individuals.…
There were many things I learned in this class from week one to week seven. In week one, I learned the concept of a social contract between the government and the people. It deals with the agreement made by both parties to regulate society. Under this contract, members of society agree to give up certain natural rights in exchange for security, comforts and order. The government is entrusted with creating an effective system for regulating conduct that are in the best interest of the people and creating forums to resolve conflicts between citizens (Gaines et al, 2014). The people have the power to select government officials and keep certain individual’s rights that protects them against government invasion. Due to this social contract, in America, powers are shared between the central government, state and local level called Federalism. It is based off…
The idea of the social contract is one of the foundations of the American political system. The definition of the social contract explains that it is a theory that the government has only the authority accorded it by the consent of the governed. In other words the government only exists to serve the people, and they are the source of all its political power. Society can choose to give or withhold this power. Although the social contract theory attempts to validate government power, there have those that have shown that this power is still improperly granted.…