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Contract Law

Use the IRAC Formula to cover the rule of law and apply it to the situation

Use the IRAC Formula to cover the rule of law and apply it to the situation Ball writes Sullivan and inquires how much Sullivan is asking for a spe­cific forty-acre tract of land Sullivan owns. In a letter received by Ball, Sullivan states, "I will not take less than $60,000 for the forty-acre tract as specified." Ball imm

The IRAC Formula is applied.

Alpha Engineering Corporation has a contract with Beta Mart Stores to provide customized software for Beta's inventory control system. Dis­count Outlets, Inc, Beta's competitor, induces Tom, an Alpha subcontrac­tor who is writing code for the Beta software, to delay delivery of the code for one week. As a result, Alpha's deliv

Contract Law

Need some help the following discussion questions: 1. Need an insight about the fairness of standard form contracts, (e.g., ski-lift tickets, sporting event tickets, parking lot tickets), that have preprinted agreements on the back of the ticket (i.e."1. Acceptance of permit relieves XXXXXX, Inc. and its agents of any respo

Agency Contracts

Ellen told her employee Mike to purchase a second-hand FAX machine for use in Ellen's business. Mike looked over a machine that Howard offered for sale. On a test run, Mike discovered that the machine did not operate properly at all times. But Mike believed that the machine could be easily repaired and -- at Howard's price -- wa

Employees mistakes

Castle Fabrics contracted to sell fabric to Fortune Manufacturers. After the fabric was delivered, a dispute arose as to it quality. As a result, Fortune refused to pay for the fabric and returned it unused to Castle. Castle gave Fortune only partial credit for the returned fabric and threatened to sue Fortune if it did not p

Contract Breach

Frank owns a well-known restaurant in downtown Milwaukee within easy walking distance from the city's convention center. The Organization of Chemical Research has a contract with the city of Milwaukee for the use of the convention center for its annual convention. Two weeks before the convention, however, the Organization anno

Liability - negligence

Herb bought a ticket to take a ride on The Grinder, a rollar-coaster at the state fair. On the back of the ticket was printed: " Not liable for death or injury". Herb did not turn the ticket over and did not read the statement before the ride. During the ride, Herb was hurt because of the negligence of a Grinder employee. I

Minors - Liability and breach of contract

Matt and Peter are minors in their jurisdiction. Their parents agree that, on a trial basis, the can be "independent" and live away from home. Matt and Peter find an apartment their part time jobs can pay for. On their own, they enter into a one year lease and pay the first month's rent in advance. However, they fail to pay the

The solution to Breach of contract

If I were to sell a piece of property to someone but they didn't know if they wanted it so I agreed in writing to keep the offer open for 1 year could that person sue me if I were to sell the property to someone else who offered me more before the year was up.

Offer, Acceptance and Contract Formation

Help with this problem: 1. Analysis and applicable rules as applied to the seller/advertiser. 2. Analysis and applicable rules as they apply to the purchaser. PROBLEM: A store ran a sales promotion to boost sales of a product. The promotion included both free gifts for purchases and low interest financing. It was sup

Breach of contract, Misrepresentation, Agency and third Parties

I need help to identify the cause of action, liability, damages and any claim of consequential loss of each parties in the problem question below. Elijaz Neutral Paintings intend to sell one of their paintings, Van Dyke 'The Night', which they have had for a number of years.. Having had the agreement of other directors, t

Employment Laws & Temporary Transfer

Provide point form of what the following means. Thanks! 47. Definition (1): "....However, new employees and those hired after a break in continuity of service shall not have seniority status for a period of sixty (60) calendar days. The company, at its option, may demote, transfer, lay off or dismiss these employees wi

Contracts - Is ABC liable?

Due to high gasoline prices, American Bakeries Company (ABC) considered converting its fleet of over 3,000 vehicles to a much less expensive propane fuel system. After negotiations with Empire Gas Corporation (Empire), ABC signed a contract for approximately three thousand converter units, "more or less depending upon requiremen

Contract and Contract Law

Defendant, Gray Communications, desired to build a television tower. After a number of negotiation sessions conducted by telephone between the Defendant and Plaintiff, Kline Iron, the parties allegedly reached an oral agreement under which the Plaintiff would build a tower for the Defendant for a total price of $1,485,368. A few

Contracts: Arbitration

Problem: Dorton, as a representative for The Carpet Mart, purchased carpets from Collins & Aikman that were supposedly manufactured of 100 percent Kodel polyester fiber but were, in fact, made of cheaper and inferior fibers. Dorton then brought suit for compensatory and punitive damages against Collins & Aikman for its fraud, de

Contracts - breach of warranty of merchantability

Frank's Maintenance and Engineering, Inc., orally ordered steel tubing from C.A. Roberts Co. for use in the manufacture of motorcycle front fork tubes. Since these front fork tubes bear the bulk of the weight of a motorcycle, the steel used must be of high quality. Roberts Co. sent an acknowledgment with conditions of sale inclu


Terminal Grain Corporation brought an action against Glen Freeman, a farmer, to recover damages for breach of an oral contract to deliver grain. According to the company, Freeman orally agreed to two sales of wheat to Terminal Grain of 4,000 bushels each at $1.65 1/2 a bushel and $1.71 a bushel, respectively. Dwayne Maher, merch

Contracts - custom and trade usage

MT, already in the business of marketing agricultural products, decided to try its hand at marketing potatoes for processing. Nine months before the potato harvest, HMT contracted to supply Bell Brand with 100,000 sacks of potatoes. At harvest time, Bell Brand would only accept 60,000 sacks. HMT sues for breach of contract. Bell

Contracts - Is the contract covered by the UCC?

While adjusting a television antenna beside his mobile home and underneath a high-voltage electric transmission wire, Prince received an electric shock resulting in personal injury. He claims the high-voltage electric current jumped from the transmission wire to the antenna. The wire, which carried some 7,200 volts of electricit

Contracts: Open Price

Courts Distributors needed two hundred compact refrigerators on a rush basis. It contacted Eastinghouse Corporation, a manufacturer of refrigerators. Eastinghouse said it would take some time to quote a price on an order of that size. Courts replied, "Send the refrigerators immediately and bill us later." The refrigerators were

Contracts, Irrevocable Offers, Unconscionability

(1) On November 23, Acorn, a dress manufacturer, mailed to Bowman a written and signed offer to sell one thousand sundresses at $50 per dress. The offer stated that it would "remain open for ten days" and that it could "not be withdrawn prior to that date." Two days later, Acorn, noting a sudden increase in the price of sundres

Contractual Modification & Statute of Frauds

Reinfort executed a written contract with Bylinski to purchase an assorted collection of shoes for $3,000. A week before the agreed shipment date, Bylinski called Reinfort and said, "We cannot deliver at $3,000; unless you agree to pay $4,000, we will cancel the order." After considerable discussion, Reinfort agreed to pay $4,00

Contracts/Variant Acceptances

3. Browne & Assoc., a San Francisco company, orders from U.S. Electronics, a New York company, ten thousand electronic units. Browne & Assoc.'s order form provides that any dispute would be resolved by an arbitration panel located in San Francisco. U.S. Electronics executes and delivers to Browne & Assoc. its acknowledgment form

Contractual Modifications/Statute of Frauds

(1) Adams orders one thousand widgets at $5 per widget from International Widget to be delivered within sixty days. After the contract is consummated and signed, Adams requests that International deliver the widgets within thirty days rather than sixty days. International agrees. Is the contractual modification binding? (2) I