exploited by certain inherent conditions in the contract‚ Courts have evolved certain modes of protection. One such protective device is the theory or doctrine of fundamental breach. Fundamental breach simply means that if one party fails to perform the fundamental obligation for which the contract is formed‚ he will be guilty of a breach of the contract whether or not any exempting clause has been
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(Exceptions) General rule: A has no obligations/rights under contract towards T Unless… 1. P is undisclosed *refer to P&T Point 2* 2. Parties intended (express/implied) A to be contracting party 3. A acted without authority T can sue A for breach of warranty of authority Claim damages (Incurred expenses / loss) P & T relationship (Exceptions) (Exceptions) 1. A has actual authority‚ P is disclosed and named. Both P
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delivery. Rule: Wrongful Interference With a Contractual Relationship occurs when‚ defendant Knew of contract; defendant intentionally induces breach; and defendant benefits from breach of contract. Analysis: Retail Outlet had to know of contract‚ because he induced Sam to breach such. Retail Outlet induced Sam to breach contract agreement with Quik Mart Stores. Retail Outlet benefited when Quik Mart Stores lost $500‚000.00 in sales. Conclusion: Yes‚ Retail Outlets
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Remedies Final Summer This fact pattern is regarding the misbehavior of Sony and its brand of music cds. In an effort to combat piracy‚ Sony hired a company to design a copy-protection system called XCP. This software was imbedded onto Sony’s cds and this software was designed to prevent unauthorized replication. If you tried to play a protected disk in your computer‚ you first had to agree to install a Sony music player to listen to it. Yet‚ this software used malware tactics‚ it took over the
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Specific Performance MT311 Business Law Part I There are four situations we have to review in terms of specific performance and possible breach of contract. First we must understand the elements of specific performance then we can evaluate how they relate to each scenario. “In some situations‚ damages are an inadequate remedy for a breach of contract…equitable remedies include rescission and restitution‚ specific performance‚ and reformation” (Miller & Jentz‚ 2009). Specific performance
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BUL3130 Sterling Inc. vs NoBugs Corporation Sterling‚ Inc. had gained a high reputation in the market by establishing a strategic business relationship with NoBugs Corporation. Its state-of-the-art computer manufacturing business has been highly supported by the high quality microchips of the NoBugs. As NoBugs was the only supplier who was able to meet with the Sterling’s high specifications‚ thus both of the companies remain in contract for more than ten years. Mutually agreed business terms proved
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Little Lamb Company needs an additional programmer for a special project. The company enters into a contract with Mary to complete this project. Just as the project is nearing completion‚ a new need arises for her services. She is asked to continue with the company to complete the new project. While completing the new project‚ the supervisor begins working more closely with Mary and requires her to use company materials and equipment while adhering to company work schedules. After two years‚ economic
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Los Angeles Rams Football Club V. Cannon (Page 76 in textbook) Background Billy Cannon is a highly touted draft prospect coming off a successful college career at LSU‚ which included a Heisman Trophy win. The Los Angeles Rams of the NFL were the first in signing him to a $50‚000 contract. However‚ Cannon subsequently signed a $100‚000 contract with the AFL’s Houston Oilers. The Rams sued Cannon in an effort to prevent him from performing any football activity for any organization other than their
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refused to take delivery of the goods on account of its failure to arrive on time‚ and filed an action for rescission of contract with damages against Maersk Line and Eli Lilly alleging gross negligence and undue delay. Denying that it committed breach of contract‚ petitioner alleged in its answer that the subject shipment was transported in accordance with the provisions of the NCC covering bill of lading and that its liability under the law on transportation of good attaches only in case of loss
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If the contract is not fulfilled then we are talking about a breach of contract. 5. Article 38‚ CISG: * The buyer must examine the goods. 6. Article 39‚ CISG: * 1. “Within reasonable time” * 2. a maximum of 2 years Suppose: The seller does not deliver = breach of contract by seller. Options for the buyer: * Article 46: Require performance (1) Delivery of goods (2) Delivery of substitute goods‚ if the breach of contract is fundamental (3) Repair * Article 49: Declare
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