concerning the performance of the contract. Under these circumstances Bill has committed a breach of an expressed warranty because the “basis for the bargain” was that the car was free of defect. She can also return the car to Bill and revoke the acceptance of the car since it does not conform to the contract and the defects substantially reduce the value of the car. 2. What standard must she prove? Alice has to prove that the car did not conform to the contract and that devaluation of the
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Conditions A condition is a major term or the ’essence ’ of a contract which goes to the root of the contract. If a condition is breached the innocent party is entitled to repudiate (end) the contract and claim damages. Case example: Poussard v Spiers (1876) 1 QBD 410 Madame Poussard entered a contract to perform as an opera singer for three months. She became ill five days before the opening night and was not able to perform the first four nights. Spiers then replaced her with another opera
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SUBJECT: Dispute over contract with C-S CC: Harold Smith‚ Attorney This memo is in response to the dispute over the contract between Span Systems and Citizen-Schwarz AG (C-S). Management is taking the necessary steps in resolving the issues C-S is reporting of low quality deliverables and schedule delays. C-S is threatening rescission of their contract and demand immediate transfer of all unfinished codes (University of Phoenix‚ 2002‚ Legal Environment of Business: Contract Creation and Management
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The Natural Gas Case In the Natural Gas case‚ a German company and a Dutch gas reseller (the plaintiffs) is suing an Austrian partnership company (the defendant) for a breach of contract. The plaintiffs negotiated and agreed to purchase 3000 metric tons of propane gas for $381 per metric ton from the defendant. Because of the two companies never conducting business with one another‚ the plaintiffs agreed to secure a letter of credit with its purchase. To secure the letter of credit with the purchase
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What constitutes a breach of contract? Under the Merchant’s Firm Offer‚ “a firm offer exists if a merchant gives assurances in a signed writing that his or her offer will remain open. A firm offer is irrevocable without the necessity of consideration for the stated period or‚ if no definite period is stated‚ for a reasonable period (neither to exceed three months).” In this case Jennings stated a time frame and signed the offer‚ by selling the car he is he in breach of the contract?
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breached the contract. There are two types of remedies; remedies in equity and remedies at law. Remedies in equity are only awarded only if the remedy at law is inadequate. Remedies at law normally award monetary damages Ken‚ the owner of a famous candy store‚ and Sweet‚ Inc. have entered into a contract‚ essentially designating Sweet‚ Inc. as his main supplier of sugar. The contract has designated a specific time in which the sugar should be delivered. The first breach of the contract was made
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damages of £25. Baxendale appealed‚ contending that he did not know that Hadley would suffer any particular damage by reason of the late delivery. Issue: Whether a defendant in a breach of contract case could be held liable for damages that the defendant was not aware would be incurred from a breach of the contract. Reasoning: The court said no to allowing Hadley to recover lost profits in this case‚ holding that Baxendale could only be held liable for losses that were generally foreseeable
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Appellant v. BROWN REALTY COMPANY‚ Appellee FACTS: Donnie McGraw signed a lease with Brown Realty Company located at 7307 South Westmorland Road‚ Dallas‚ Texas where he would be running a restaurant. On December 24‚ 2003 when McGraw signed the contract he agreed that the lease would be from February 15‚ 2004 through February 14‚ 2009 where he would be paying $3‚450 a month a totaling $207‚ 000 at the end. On March 3‚ 2004 McGraw sent Gary Brown‚ the president of Brown Realty Company‚ a letter informing
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SALE OF GOODS Ref: Sale of Goods Act‚ 1930. SALE A contract to transfer the ownership (title) of the goods from one person (seller) to another (buyer) for a price as consideration is called Sale. ESSENTIALS OF A SALE 1. Two Parties 2. Transfer of title. 3. Goods. 4. Price. AGREEMENT TO SELL Where under a contract of sale the transfer of ownership in the goods is to take place at some future time subject to some condition thereafter to be fulfilled the
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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
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