In contract law, in the event that parties enter into an agreement for product or services a contract is formed and can be enforced by the law. In the event that the contract is breached both parties have the rights for relief if the contract has not been satisfied. The types of remedies in contract law, when a contract is breached, are damages, rescission and restitution, and specific performance. Damages are a way of compensating the innocent party when the contract has been breached. Rescission is when the party that has failed to meet the agreement of the contract must restore the innocent party to the position prior to the contract being formed. In some cases, if the product is involved the party found in fault would be ordered …show more content…
vs. Barksdale LLC, Haply contracted Barksdale to have an engine repaired for a client. Both parties had agreed that Barksdale LLC would fix the engine pump and reinstall it at the Haply facility within five days. Haply's, Inc had figured that if the engine were not delivered within the five-day window, it would cost $40,000 for each day it is not delivered. The $40,000 is the total cost for the replacement engine. Haply's, Inc also figures that the delay could cause the loss of the client for future business that could total $3,000,000. Barksdale breached the contract by not completing the work until day …show more content…
Incidental damages are rewarded in contract law as compensation for additional expenses that arise from the breach of contract. Based on the Uniform Commercial Code (UCC), incidental damages include any reasonable charges that result in the breach of contract (USLegal.com, 2015). The charges include the stopping of a delivery, expenses or commission incurred from stopping delivery, care and custom of the goods (USLegal.com, 2015). In the case of Haply, Inc vs. Barksdale, the plaintiff is suing for incidental damages. The incidental damages that Barksdale would be required to pay are $500.00 and the rental of replacement engine at $40,000 per day. The total of $120,500 was the additional money Haply, Inc. had to pay to secure the delivery of the engine and rental of a replacement engine, which was the direct result of the breach of the
Friganim Importing Co. v. B.N.S. International Sales Corp. Facts: Friganim Importing Company sued B.N.S. claiming that B.N.S. breached warranties in two contracts that they had entered into. In the first of the two contracts, Frigalimnet had agreed to sell 75,000 pounds of 2.5 to 3 pound chickens and 25,000 pounds of 1.5 to 2 pound chickens. The second contract consisted of 50,000 pounds of 2.5 to 3 pound chickens and 25,000 pounds of 1.5 to 2 pound chickens. (smaller chickens where priced slightly higher in this contract than the first agreement)
Non-compete agreements are usually found in employments contracts in where a company wants to prevent their employees from working for a competing company. The focus of the non-compete agreement is to protect a company’s business interest and trade secrets but, a non-compete covenant must be laboriously drafted to follow the state’s regulation in order to be enforced in court. There is an enormous discrepancy when it comes to cases that deal with non-compete agreements since it deals with revising if the non-compete agreement was lawful to begin with; courts do not have a consistent approach to this. A lot of companies request the courts to enforce the covenant but, in most cases, the agreement is unenforceable due to the unethical and unlawful
This is a complex case, involving multiple parties and several variables that need to be examined thoroughly. The parties mentioned include Knarles operator of the facility maintenance company, his son Barkley, their employee, a licensed plumber, and Mr. Chetum. Although in the end Chetum is suing the facilities maintenance firm for a breach of contract, all factors must be examined to determine proper fault.
The main issue with regards to the applicability of S1322(4)(a) to the appointment of Helen was the meaning of the word contravention.
Case Facts: The sheriff’s department in Humboldt County, Nevada, responded to a 911 call that reported an assault. The 911 caller reported witnessing a man assaulting a woman while driving a GMC truck on a local road. The sheriff’s department responded by sending Deputy Sheriff Lee Dove to investigate. The deputy arrived to the reported area and found the truck parked on the side of the road with a man standing next to it. The deputy approached the truck and explained to the man that he was investigating a 911 call. The deputy then asked the man for any identification and the man refused to provide the deputy any form of identification. The deputy asked the man a total of 11 times to provide his identification and refused each time. The deputy then warned the man that he was going to arrest him if he did not comply. The deputy proceeded to arrest the man and later found out the man was named Larry D. Hiibel. He was charged with "willfully resist[ing], delay[ing], or obstruct[ing] a public officer in discharging or attempting to discharge any legal duty of his office" which is a Nevada statute that is referred to as a "stop and identify" statute. Hiibel was convicted of the crime in the Justice Court of Union Township and fined $250. Hiibel then appealed his conviction to the Sixth Judicial District Court, the Supreme Court of Nevada, and the Supreme Court of the United States.
Speakers of Sport INC is appearing in court for the filing of a diversity suit against ProServ INC. In the suit one sport agency (Speakers) has brought about charges against another (ProServ) for tortious interference within a business relationship. Speakers INC claims that ProServ INC interfered with their representation of a highly profiled baseball catcher name Ivan Rodriguez by promising him false enrichments of money in endorsements.
D: Prior Proceedings: (What happened in the lower courts): BMO Harris Bank, hereby known as Mortgagee, sought action against Wildwood Creek Ranch, hereby known as Mortgagors and Guarantors subsequent to the foreclosure on an unimproved lot. Summary judgement was granted by the Superior Court in favor of the mortgagors and guarantor. Mortgagee appealed and the Arizona Court of Appeals reversed the summary judgment.
Legal Studies Essay Joey Agerholm Exclusion clauses determine the liability of something that might go wrong within a contract. They are used by sellers as an attempt to avoid or limit their liability. The seller has the advantage over the buyer who must agree to the clauses to purchase the product/service. Because of the buyers disadvantage the court takes such cases, involving exclusion clauses, very seriously, and the content of the clauses are carefully interpreted. With the current Trade Practises Act and the Fair Trading Act the standard form of business contract is adequate and effective in protecting the buyer. The Trade Practise Act is the most effective legislation for the protection of the consumer. It implies to the following situations:- - “A promise by the seller that the buyer will become the owner” If a car dealer breaks a promise or part of a contract, for example that he has the right to sell a car, and the car is stolen then although the buyer will have to give the car back he/she will get her money back. - “ A promise by the seller that goods will fit the description supplied by the seller” In this case the buyer is protected if the seller makes a promise, which is a condition of the contract, describing the product, and when the buyer receives the product, it does not match the description. - “ A promise where the seller is made aware of the purpose for which the goods are required, that the goods will be reasonably fit for that purpose” This condition is implied when the buyer makes the purpose of the goods needed known to the seller, and the buyer then relies on the seller’s judgement in providing the correct product. For example it would not be reasonable if you made the seller aware that you wished to purchase something suitable for mowing the average suburban backyard and you were sold a tractor. - “A Promise that goods are of merchantable quality” According to this act a good is considered to be merchantable if they are suitable for the prospect for which other similar goods are sold, involving the description applied to them, the price and any other relevant information. This act does however does not protect the consumer if he/she has examined the product and missed any defects that should have been seen or if the seller made him/her aware of the defect prior to the purchase of the product.
In a memo from Helia Hull dated September 20, 2016, the details of the incident involve an inadvertent disclosure of privileged attorney-client documents submitted for discovery by Rosen & Quinn of Chicago, council for defendant in Whelan v. Speedy Motors, Inc. The suit arose as a product liability case from the alleged injuries suffered by Ms. Whelan when the accelerator pedal installed in a Wondercart manufactured by Speedy, failed to function properly. On behalf of Speedy our office was retained for the purpose of performing certain aspects of discovery that later proved to be the result of the inadvertent disclosure.
A case concerning congressional delegation power and the Commerce Clause. In 1933, congress passed the National Industrial Recovery Act, which required the creation of codes of fair competition for businesses including trade practices, wages, and hours. The codes were to be drafted by trade association and other industry groups and sent to the president for approval. If no recommendations were sent to the president, he was to draft the codes. However, the NIRA did not set standards for the president to use in drafting or approving the codes and it regulated interstate commerce. A.L.A Schechter Poultry Corporation, a brother-owned New York poultry slaughterhouse in New York was found by the government to be in violation of the Poultry Code. Of all the violations the most egregious violation was selling poultry “unsanitary for human consumption.” A.L.A Schechter and the owners were indicted on sixty counts of violations, nineteen of which they were convicted of and sentenced to short jail terms. They unsuccessfully appealed to the court of the appeals and then appealed to the Supreme Court. Schechter argued that the NIRA was unconstitutional due to its attempts to override the prohibition of illegal
In the case of Mutual Pharmaceutical Co., Inc v. Bartlett 133 S. Ct. 2466 (2013), the plaintiff Karen Bartlett was prescribed a medication named Clinoril for shoulder pain. Mutual Pharmaceutical dispensed the prescription in the generic form. The drug caused Karen Bartlett to develop toxic epidermal necrolysis. At the time of the incident, the label of the drug did not specify development of toxic epidermal necrolysis as a possible side-effect. For Karen Bartlett not adequately labeling the medication caused her medical damages. Was Mutual Pharmaceutical Co guilty of noncompliance with consumer protection and product safety laws?
"A contract is a legally enforceable promise or set of promises. In other words, when promises have the status of contract, the contracting party harmed by a breach of the contract is entitled to obtain legal remedies against the breaching party" (Mallor et al., 2015, p. 320)
Both passengers of the vehicle have currently filed suit against the company for compensatory damages. Compensatory damages are intended to provide relief to the affected individuals. The driver of the vehicle has suffered a back injury which prohibits him from participating in military training. This has directly resulted in his inability to deploy so he can sue the company for the money that he would have received had he deploye...
Answer 3. A remedy is a form of court enforcement of a legal right resulting from a successful civil lawsuit. Remedies fall into three general categories: (1) Damages - monetary compensation for the plaintiff's losses, injury, and/or pain or restitution measures designed to restore the plaintiff's status to what it was prior to the violation of his or her rights, (2) Coercive remedies - requiring a party to do or omit doing a specific act through injunctive relief or a court order of specific performance (3) Declaratory judgment - the court determines individual rights in a specific situation without awarding damages or ordering particular action. Monetary damages are often referred to as a legal remedy while coercive and declaratory remedies are termed equitable remedies.
Don Bradish was recently hired to fix scheduling issues with the new company in which he works, The Fitzgerald Machine Company. There are a few relevant facts that were given in this case study. The first and foremost fact is Mr. Bradish was hired because the company is having issue with their scheduling. This is important because he comes in with a relevant degree and years of experience with a reputable company. He is going to be looked for to find a solution to the issue outlined in the case study. The second relevant fact in the case study is that the company that The Fitzgerald Machine Company is working with is having labor issues. This is considerable because the $300,000 order is a considerably large