When parties enter into a bilateral contract, “an agreement in which the parties exchange promises for each to do something in the future,” each must hold true to his/her promise (Bilateral Contract, n.d.) When is a contract considered fully executed? What happens when one party fails to fully comply with clauses stated in a contract? What recovery is available for the non-breaching party, if fall-out occurs from improper actions of the other party immediately after execution, but before payment is made? These are some of the questions that will be answered in the following scenario and subsequent negotiation. Parents Against Drunk Driving (“PADD”) is a non-profit organization with a mission to raise “awareness of the dangers of drinking …show more content…
This caused PADD to call an emergency legal meeting to assess the situation and strategize regarding damage control. PADD persuaded the outraged attendees that the organization should not be blamed for Mr. Napier’s poor conduct and agreed to refund $200, resulting in a $50,000 loss. PADD expects to lose an additional $2,000 in memberships as a direct result of Mr. Napier’s misconduct. Because PADD incurred a $52,000 loss, which is directly attributed to Mr. Napier’s transgressions, they revoked Mr. Napier’s contract asserting that they were no longer obligated to provide compensation (Williams, 2014). I have been given full authority to resolve this matter with Mr. Napier. After agreeing to the above chain of events, Mr. Napier still contends that he is entitled to full compensation as his contractual obligations were fulfilled. PADD is willing to compromise and pay a portion of the fee. However, because of the nightmare that Mr. Napier’s misconduct caused, is not willing to pay the contract in full. The compromise set forth in the negotiations are: PADD will pay Mr. Napier $5,000 and Mr. Napier will release a statement saying in part that he is not in any way affiliated with the non- profit
Maria had spoken with Eva over the phone concerning the correct total amount of $60,000 for rendering decorating services provided by Eva. Maria had sent a letter of the telephone conversation stating that Eva agreed to take $60,000 in full satisfaction obligation under the contract. Although Eva, changed her mind when depositing the check in the bank, she legally entered a mutual agreement over the telephone where it resulted in a unliquidated debt, payment is lower than actual.
...awarded by a jury, this motion was denied by the judge. In the end Arnold & Porter lowered their desired settlement from $21 million to $15 million, Pittston offered $13 million. The two parties reach a settlement for $13.5 million, $8 million of which was for psychic-impairment.
Did the court find specific performance to be an adequate legal remedy in this case?
Mothers Against Drunk Driving is an organization that strives to stop drinking and driving, supports the victims of this crime and attempt to prevent underage drinking. This determined group of people is also known for the support that they give to the families of the victims. The websites of this organization are key in guiding those interested in helping or being helped. The websites are a great way to get involved in achieving their cause and learning more about MADD. Without the main website of Mothers Against Drunk Driving, some victims would go unsupported because of the lack of audiences.
Since MADD has been in existence there has been a 43% decline in alcohol related traffic fatalities (MADD stats and resources homepage). It has consistently been providing statistics on excessive drinking, complete drunk driving research, the effects of underage drinking, laws regarding alcohol, and current news stories. MADD is not just advertised on the television and library, but has continuously been able to reach the public through the use of the internet. The website www.madd.org has reached thousands of people to spread the word of the harmful effects of alcohol abuse whether the consumer is underage or not. The large load of ...
The mothers against drunk driving and their foundation have saved over 300,000 lives to date with their growing foundation and implemented laws. In the beginning of their road to success, M.A.D.D.’s mission statement was “to aid the victims of crimes performed by individuals driving under the influence of alcohol or drugs, to aid the families of such victims and to increase public awareness of the problem of drinking and drugged driving." (MADD,1) When M.A.D.D. came together in 1980, they were originally called the mothers against drunk drivers, however, as time moved on they changed their name to the mothers against drunk driving and stated that they were opposed to the crime of drunk driving, not the individuals that committed the crime. In 1999, M.A.D.D. h...
Each year numerous lives are lost due to careless and irrational driving. The disregard for safe driving has been a predicament to Queensland for years. For many years? police have relied heavily on speed cameras, breathe testing and heavy fines as a deterrent against unlawful drivers. Over the years fatality rates have increased, so Queensland Transport has composed a series of safe driving campaigns. On many occasions the transport department informs and advises the public about the importance of responsible driving. They propagate safe driving through the various channels of the media. Their safe driving campaign is now using effective propaganda aimed directly at speeding; drink driving and tired and reckless driving
Do you know how many people die each year of Drunk Driving ? that’s right a lot nearly 25,000 people die each can you believe it . If you don't like to follow the rules you either get jail time , a harsh punishment ,lose your license not bad right ? It’s not bad its horrible how of one dumb mistake you make you lose everything instantly . You lose your family , your life ,your car , people you love , there’s no going back . Unless you have some kind of magic powers which nobody does . The punishments you get are pretty bad they have different ones in each country . For Example in Turkey you have to walk 2 miles away from your town with a police escort. In other countries you lose your license forever.
Drunk driving is an issue that effects many people across our nation. People do not realize the affects alcohol can have on the body and mind that slow decision making while driving. This issue begins in the home. Children see their parents, or other adults figures, have a beer or a cocktail and get in the car. Thus, making it seem like it is acceptable to drink and drive. “One in three people will be involved in an alcohol-related crash in their lifetime” (MADD).
The article “Teens Drinking and Driving” (2012) recognizes that drinking and driving among adolescents in high school had declined by 54% since 1991. Although there has been a decline, high school teens continue to drink and drive 2.4 million times a month. Almost one million high school adolescents reported drinking and driving in 2011. The article “Teens Drinking and Driving” also states, “85% of teens in high school report drinking and driving in the past month also say they binge drank” (2012). Binge drinking is consuming five or more alcoholic beverages within a certain time frame, which can lead to drunk driving and other risky behavior. “Teens Drinking and Driving” (2012) also reports that one in five adolescents that drive under the influence are involved in deadly crashes with alcohol in their body. No matter what the circumstances are adolescents continue to drink and drive. There are solutions that can help decrease the ever occurring dangers of drunk
With thousands of reported deaths each year and countless injuries due to drivers who operate vehicles under the influence of alcohol it’s about time that we step in as a society and help with the problem. Education is the leading probable solution and with our help drivers can learn the dangers of operating a vehicle after consuming alcoholic beverages. Driving while intoxicated is a complicated matter with many negative results. The problems with drunk driving include repeat offenders and the amount of number of fatalities. With that being said, we could help solve this problem by personally getting involved, voting for those who want to force strict laws and punishments on drunk drivers, and utilizing new technology in society that will prevent those who frequently drive under the influence from endangering us on the roads.
The weekend has come, what are you planning? I would assume you aren’t planning on killing someone, ruining a family, making a serious decision for your loved one, or even watching the one you love dying on a hospital bed. Although, as soon as you take that first sip of any alcoholic beverage and have planned on driving home; needless to say, you have planned on injuring you or more importantly someone else. Whether you are a teenager, middle aged, or older when drinking and driving the rule is simple; don’t do it! Watching the video, “Lives Affected” has impacted me and has taught me a very important lesson to not drink and drive. It has made me realize that everyone in my life and others lives can be effected too. Whether you are the drunk driver or
The growing awareness of alcohol hazards has made people more cautious of their drinking habits, particularly young adults. At present young adults have the highest prevalence of alcohol consumption than any other age group. They also drink more heavily, experience more negative consequences, and engage in more harmful activities, specifically drunk driving. Although surveys have documented a decline in recent years, consumption rates remain highest from late teen years to the late twenties (Johnston1-3). Despite the long-term decline since 1982 in alcohol related traffic deaths, a 4 percent increase occurred between 1994 and 1995 among young adults age 21 and over (Hingson 4). As alcohol-impaired driving persists, legal and community initiatives intervene to help reduce the problem, as well as, continuing research on possible solutions.
With drunk riders they can occasionally get sick in your vehicle. If you think they are going to be sick give them a bottle of water and a vomit bag.
Each year, approximately 5,000 young people under the age of 21 die as a result of underage drinking, this includes about 1,900 deaths from motor vehicle crashes, 1,600 as a result of homicides, 300 from suicide, as well as hundreds from other injuries such as falls, burns, and drowning’s. (Statistics as of 2006)