Preview

The Breech of Contract

Satisfactory Essays
Open Document
Open Document
637 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
The Breech of Contract
breech of contract

The Breach Of Contract
Joseph Ragisoa
Business Law I
Professor Leah Westerman
August 12, 1013

The Breach Of Contract There are many ways to terminate the obligations of a contract. Most often, parties conclude their contract obligations by performing them. However, sometimes problems arise and parties cannot or will not complete their obligations under the contract. When this occurs, contracts may be terminated by reasons of rescission, breach, or impossibility of performance. Jared and I were good friends. While in the military we both got stationed away from our home and worked together. Naturally you are more lenient on your friends when it comes to lending money. Jared was having some trouble with money so he comes to me and ask, “ Can I barrow a few hundred dollars until his next payday?” Without even noticing we had a contract. What I didn’t know until now was what type.
Express Contract are formed by the express language of the parties, the actual word they use in their agreement and can be either written or oral (Rogers, S. 2012, pg. 66). At the time of the agreement both of us are very much of age and conscious of our discussion what we didn’t really clarify was the detail of the contract. We only talked about how much money he needed and that he will pay the money back with his next two pay checks. We had consideration which was the money we also hade a reasonable timetable for him to pay me back. Then we had an issue.
As previously stated we agreed that he would pay me back over the span of two pay periods, which is a whole month. Well after a month I never received anything from Jared so technically he had a breech of contract. Was I worried about the money? No, but now I start thinking if he didn’t give me money back how can I legally get my money back? What do I do take him to small claims court? We never had anything in writing to prove our acknowledgement of a contract. A contract whereby one person



References: Rogers, S. (2012). Essential of business law. San Diego, CA: Bridgepoint Education, Inc.

You May Also Find These Documents Helpful

  • Good Essays

    A valid contract is “breached,” or broken, when one of the parties fails to fulfill the terms of the contract. The party harmed by the failure of the other party to comply with the contract may sue for breach of contract. Most states require that the injured party file a breach of contract lawsuit within a specified period of time, referred to as the statute of limitations. A sample court filing related to a breach of contract can be seen in Example A.…

    • 549 Words
    • 3 Pages
    Good Essays
  • Powerful Essays

    Before either party to a contract has a duty to perform, one of the parties may refuse to carry out his or her contractual obligations which is called anticipatory repudiation of the contract. When an anticipatory repudiation occurs, it is treated as a material breach of the contract, and the non-breaching party is permitted to bring an action for damages immediately, even though the scheduled time for performance under the contract may still be in the future. (Clarkson, Miller and Cross, Business Law Text and Cases, page…

    • 1094 Words
    • 5 Pages
    Powerful Essays
  • Better Essays

    A breach of contract occurs when a party’s duty to perform under a contract is absolute, and that party fails to perform. The duty can be absolute because it was not conditional in the first place; any conditions were either excused or fulfilled; or the duty was not discharged.…

    • 955 Words
    • 3 Pages
    Better Essays
  • Good Essays

    On 9 September Jamal wrote back to Bob stating that he could not sell the…

    • 753 Words
    • 5 Pages
    Good Essays
  • Good Essays

    Business Law

    • 668 Words
    • 3 Pages

    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.…

    • 668 Words
    • 3 Pages
    Good Essays
  • Good Essays

    In order to terminate a contract because of impossibility to perform, there must be some change that makes it impossible for either the agent or the principal to perform the terms of the contract. Circumstance…

    • 369 Words
    • 2 Pages
    Good Essays
  • Satisfactory Essays

    Contracts Ii

    • 292 Words
    • 2 Pages

    According to Miller and Jentz after a contract has been made, performance may become impossible in an objective sense. (2010) Impossibility of performance may discharge the contract. If the performance is too difficult or costly due to an unexpected event then a court will consider it commercially unfeasible or impracticable. Objective impossibility is based on three types of situations that qualify for discharge of contractual obligations. The first is when a party whose personal performance is essential to the completion of the contract dies or becomes incapacitated prior to performance. The second is when the specific subject matter of the contract is destroyed. The third is when a change in the law renders performance illegal.…

    • 292 Words
    • 2 Pages
    Satisfactory Essays
  • Better Essays

    A contract is a promise that can be enforced by law. In order for a contract to be enforceable it must have the necessary elements to form a contract. The elements of a contract are an offer and acceptance, consideration, capacity, and legality. Three days before the 90-day expiration period was up, BTT and Chou reached an oral agreement. Immediately after the oral agreement, the BTT manager sent Chou and e-mail with the subject line “Strat Deal” in which he repeated the terms of the distribution agreement. The e-mail included price, time frames, and the obligations of both parties. Even though Chou made an agreement with BTT under the exclusive negotiation agreement in which it stated there would be no distribution contract unless it was in writing, the e-mail is considered “in writing” under the mailbox rule. All the elements of a contract were met in the e-mail, offer, acceptance, consideration, capacity, and legality. Even though Chou failed to follow up with a distribution contract in writing for both parties to sign, he did receive the terms in writing from the BTT manager. This validates that there was an actual contract between both…

    • 1717 Words
    • 7 Pages
    Better Essays
  • Better Essays

    Contracts Essay One

    • 1286 Words
    • 6 Pages

    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.…

    • 1286 Words
    • 6 Pages
    Better Essays
  • Better Essays

    Law 421 Contracts

    • 1070 Words
    • 5 Pages

    Contracts are an important part of everyday life. They are an essential part of business. As a student of a business law class, I will discuss in this paper several aspects of contracts. This paper will give a definition of a contract and the essential elements necessary to form a valid contract. It will briefly discuss breach of contract and the difference between a material breach and a nonmaterial breach of contract. Examples of legal and equitable remedies available for breach of contracts will be highlighted. Also, legal excuses for nonperformance or other grounds for discharge of contracts will be addressed. Finally, three types of common contracts personally and professionally encountered will be mentioned.…

    • 1070 Words
    • 5 Pages
    Better Essays
  • Powerful Essays

    A party’s right to terminate a contract arises from a particular type of breach of contract by another party. The facts of the breach and the nature of the term breached in each case inform the party with whose contract has been terminated, as to whether it is lawful or not.…

    • 1620 Words
    • 7 Pages
    Powerful Essays
  • Good Essays

    Social Contract Theory

    • 850 Words
    • 4 Pages

    John Locke was one of the preeminent philosopher's of his time. In one of his most successful works, the Two Treaties of Government, Locke asserted that men are by nature free and equal against claims that God had made all people naturally subject to a monarch (Tuckness). Locke argued that people have rights, such as the right to life, liberty, and property. Locke's Social Contract Theory is used by sociologists, philosophers, and criminologists. The theory is all encompassing and provides an excellent framework in the study of criminology because it delves into crime and punishment. This paper will explore how John Locke's Social Contract Theory and values are related to the criminal justice system.…

    • 850 Words
    • 4 Pages
    Good Essays
  • Powerful Essays

    Social Contract Theory

    • 1693 Words
    • 6 Pages

    This essay will give an evaluation on the social contract theory of John Locke and how these values identify with the consistency of the criminal justice system and private settings. This essay will discuss whether or not the values and principles will apply to both venues. This essay will also include a summary of the major differences of the social contract theories. This essay will provide a discussion of the key principle associated with Locke’s social contract theory; it will determine how these principles inculcated in the United States Bill of Rights. This essay will show how the principles will play out in the criminal justice system and security settings; last it will describe freedom in relationship to personal rights, ethical standards, and obligations.…

    • 1693 Words
    • 6 Pages
    Powerful Essays
  • Good Essays

    Social Contract Theory

    • 540 Words
    • 3 Pages

    If I had to utilize one of the ethical theories discussed in chapter 2 of Ethics for the information age, I would choose Social contract theory. While there is no single framework that I absolutely and wholeheartedly agree with, I believe integrating Social Contract theory for making my ethical decision making would yield the best interaction with society. I personally view general society as a united organism, and since Social Contract theory has a primary focus on stable and balanced societal attributes, universal use of that framework would lead to the greatest overall improvement. One of the most important aspects I value from the theory is the societal agreement to fundamental rights, which modern society (for the most part) has determined…

    • 540 Words
    • 3 Pages
    Good Essays
  • Satisfactory Essays

    Social Contract Theory

    • 790 Words
    • 4 Pages

    Since as far as history can remember man has given up rights in exchange for peace, order, and stability. For centuries man has strived to find the perfect government where there are the right amount of laws and rights to live by. Throughout time we have witnessed many governments rule countries and not all of them have been great. Some rulers who have total control have proven to become corrupt and use their power to benefit themselves instead of the country they are there to serve. People want to have a voice in what goes on in the state, they want to be heard and have their problems acknowledged. Humans are rational and moral and should have a say in what goes on in the government which is why a republic is the best government because government officials are elected to make decisions in the best interest of the people and the people still have a say in what goes on.…

    • 790 Words
    • 4 Pages
    Satisfactory Essays

Related Topics