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Contracts Case

Autor:   •  April 14, 2012  •  Essay  •  1,960 Words (8 Pages)  •  1,858 Views

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Contracts

This assignment has Team A examining four different cases involving various types of contracts. Each scenario is different and all have different outcomes with different questions to answer. Below is a brief synopsis of each scenario with issues or questions that must be addressed:

1. Foodmart vs. Masterpiece Construction: Masterpiece was hired by Foodmart to renovate the store; Masterpiece subcontracted the work to Build Them to Fall Construction. Build’s construction was shoddy at best and Foodmart sued Masterpiece for breach. Provide:

a. Who wins and why?

b. Summarize the legal defenses to contract formation and enforcement.

2. Atwater vs. Smooth Sales Used Cars: Jeremy Atwater is a 17 year old who purchased a car from Smooth Sales, after having the vehicle for six months he can no longer make the payments to Smooth Sales and returns the car to Smooth Sales wand informs them that he wishes to cancel the contract.

Provide:

a. What are the possible outcomes?

b. Compare and contrast potential legal and equitable remedies.

3. Harry Vs. McDonald: Brian McDonald, an avid model train enthusiast, informed Harry, another enthusiast, that he intended to sell him his model train collection in two years. Harry spent a lot of money on renovation to accommodate the trains and borrowed money for the purchase; however, McDonald sold the trains to someone else. Harry sued McDonald for promissory estoppel.

Provide:

a. Who wins and why?

4. Todd vs. Foodmart: Foodmart has an online ordering service for home delivery with a tersm of use that states “advertised sale prices do not apply to online purchases”. Todd, a caterer, required a discontinued chocolate sauce that Foodmart carries and it is currently on sale. Todd orders the sauce via the online method but the order is not processed due to the terms of use. Todd sues Foodmart claiming the contract is not effective and seeks damages.

Provide:

a. Who wins?

b. Analyze the contractual issues unique to e-commerce.

Foodmart vs. Masterpiece Construction

The lawsuit for breach of contract and specific performance will be awarded to the plaintiff Foodmart; the judgment will force Masterpiece Construction to pay for damages caused by the poor build quality done by Build Them to Fall Construction. Masterpiece Construction argued that the delegation of the contract to Build Them to Fall Construction was one of their rights. This would be the case had Foodmart agreed to discharge the contract through a novation agreement. Subcontracting

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