BUSINESS LAW-UNIT VI CASE ANALYSIS

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Lana Ybarra on Tue, May 29 2018, 9:19 AM 41% highest match Submission ID: fb22cd20-4c36-4978-a598-caf270b6f7c5

• BUSINESS LAW-UNIT VI-LANA C. YBARRA.doc

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Running head: CONTRACT ANALYSIS 1 1 CONTRACT ANALYSIS Suspected Entry: 81% match Uploaded - BUSINESS LAW-UNIT VI-LANA C. YBARRA.doc 1 CONTRACT ANALYSIS Source - Another student's paper Contract analysis scenario 1 – 8 Contract Analysis Lana C. Ybarra Columbia Southern University May 29, 2018 Contract Analysis Scenario 1- Damages Determination For the case of damages, an individual is given a reward so as to pay off for any loss or injury incurred. Many of rewards due to any damage incurred are given in the form of monetary and they depend on the kind of claim and jurisdiction presented. 2 When there is a violation of the contract and losses are incurred by an individual, a quick action should be taken by the individual by filing a suit to assist in getting compensation or reclaim back for the damages. Suspected Entry: 65% match Uploaded - BUSINESS LAW-UNIT VI-LANA C. YBARRA.doc When there is a violation of the contract and losses are incurred by an individual, a quick action should be taken by the individual by filing a suit to assist in getting compensation or reclaim back for the damages Source - Another student's paper Whenever there is a breach of contract and an individual suffers losses, the individual needs to take quick action of filling a suit to help reclaim back or get compensation for the damages 1 As per this scenario, Barbara suit against Alfred is because of a violation made by him that made Barbara incur various losses. Suspected Entry: 63% match Uploaded - BUSINESS LAW-UNIT VI-LANA C. YBARRA.doc As per this scenario, Barbara suit against Alfred is because of a violation made by him that made Barbara incur various losses Source - Another student's paper According to this scenario, Barbara suit against Alfred is about contract breach that made her incur some losses The violation of the contract took place when Alfred did not honor the agreements they made with Barbara, Alfred failed to do the required work thus made Barbara incur money and time losses. Barbara accepted to enter into a contract with Alfred so that he can drill a well for her that it will be able to provide her with water that tests better. 1 The agreement of the contract was that Alfred to drill a well with a depth of 600 feet at a cost of $10 per foot, the contract was to be completed by 1st June. Suspected Entry: 66% match Uploaded - BUSINESS LAW-UNIT VI-LANA C. YBARRA.doc The agreement of the contract was that Alfred to drill a well with a depth of 600 feet at a cost of $10 per foot, the contract was to be completed by 1st June Source - Another student's paper The contract agreement was for Alfred to drill the well to a maximum depth of 600 feet, be paid $10 per foot and complete the drilling job by 1st June and Barbara to pay Alfred an advance of $3,500 3 Barbara gave Alfred $3500 as an advance. Suspected Entry: 70% match Uploaded - BUSINESS LAW-UNIT VI-LANA C. YBARRA.doc Barbara gave Alfred $3500 as an advance Source - Another student's paper Barbara gave Alfred the $3500 payment These were the conditions that were in the contract (Stimmel Law, .n.d.). 2 Even though Alfred agreed to the terms of the contract given the fact that he had never drilled a well for hire before. Suspected Entry: 62% match Uploaded - BUSINESS LAW-UNIT VI-LANA C. YBARRA.doc Even though Alfred agreed to the terms of the contract given the fact that he had never drilled a well for hire before Source - Another student's paper Although Alfred agreed to finish the drilling, he had never drilled a well at all for hire Alfred took responsibility without considering the fact that such work has challenges. Hence, in case of any challenge Alfred has the responsibility to deal with it and continue with the work. Alfred doing the work he had never done before is a clear view that he did not carry out any research about any challenge one can come across when performing such kind of work. So, when he came across the challenge that her drill struck a rock, plugged the hole and broke he did not know what to do next. If the issue happened and got Alfred prepared, he could have methods and ways of handling it with the shortest time possible and go on with the work so has to finish it in time. Leaving the already drilled well was a clear show that Alfred failed to honor the terms and conditions of the agreement. By him failing made Barbara contract another person who was Carl. They agreed with Carl that the drilling will be completed by 30th October. Barbara had the right to suit Alfred since the terms and conditions of a contract need to be taken with seriousness. Barbara wanted Alfred to compensate her for the damages she incurred and recovery of the advance he gave Alfred. 2 Barbara incurred monetary damages which were; Suspected Entry: 68% match Uploaded - BUSINESS LAW-UNIT VI-LANA C. YBARRA.doc Barbara incurred monetary damages which were Source - Another student's paper These are the damages in monetary form that Barbara incurred $4500 she gave to Carl to complete the drilling of the well, $15,000 she lost for the apple crop and $3500 she paid Alfred as an advance (Stimmel Law, .n.d.). Barbara will not get compensation of $15,000 for the apples that were damaged since they were not part of the terms and conditions of the contract. But she will recover$3500 advances given to Alfred and $4500 given to Carl since they were part of the terms and condition of the contract. 4 References Stimmel Law. Suspected Entry: 63% match Uploaded - BUSINESS LAW-UNIT VI-LANA C. YBARRA.doc References Stimmel Law Source - Another student's paper (www.stimmel-law) (.n.d.). 5 Measurement of Damages in Breach of Contract Actions Retrieved from Suspected Entry: 86% match Uploaded - BUSINESS LAW-UNIT VI-LANA C. YBARRA.doc Measurement of Damages in Breach of Contract Actions Retrieved from Source - Another student's paper Measurement of Damages in Breach of Contract Actions 6 https://www.stimmel-law.com/en/articles/measurement-damages-breach-contract-actions Scenario 2-Remedies Determination Remedies determination assists to know the person whose rights have been defiled. Suspected Entry: 64% match Uploaded - BUSINESS LAW-UNIT VI-LANA C. YBARRA.doc https://www.stimmel-law.com/en/articles/measurement-damages-breach-contract-actions Scenario 2-Remedies Determination Remedies determination assists to know the person whose rights have been defiled Source - Another student's paper Retrieved from https://www.stimmel-law.com/en/articles/measurement-damages-breach-contract-actions 7 According to this scenario, the first step is to contract analysis which will assist to ascertain the obligations of Mundo. Suspected Entry: 65% match Uploaded - BUSINESS LAW-UNIT VI-LANA C. YBARRA.doc According to this scenario, the first step is to contract analysis which will assist to ascertain the obligations of Mundo Source - Another student's paper Based on this scenario, a contract analysis is the first step to take to help establish Mundo?s obligations 1 Printing presses are goods that are manufactured and a set of legal laws normally control their transactions and these laws are known as Uniform Commercial Code (UCC). Suspected Entry: 77% match Uploaded - BUSINESS LAW-UNIT VI-LANA C. YBARRA.doc Printing presses are goods that are manufactured and a set of legal laws normally control their transactions and these laws are known as Uniform Commercial Code (UCC) Source - Another student's paper (2016), printing presses are manufactured goods, and their transactions remain controlled by a set of legal laws that manage business transactions and these laws are called Uniform Commercial Code (UCC) 2 As per this scenario, Mundo is eligible to transact business since he is a manufacturer of printing presses, hence a business entity. Suspected Entry: 72% match Uploaded - BUSINESS LAW-UNIT VI-LANA C. YBARRA.doc As per this scenario, Mundo is eligible to transact business since he is a manufacturer of printing presses, hence a business entity Source - Another student's paper Based on the scenario, Mundo is a manufacturer of printing presses therefore it is a business entity and qualifies to transact business Additionally, Extra qualifies since it is also another business entity that deals with publishing local newspaper. Suspected Entry: 69% match Uploaded - BUSINESS LAW-UNIT VI-LANA C. YBARRA.doc Additionally, Extra qualifies since it is also another business entity that deals with publishing local newspaper Source - Another student's paper Also, another business entity that qualifies to trade is Extra, the publisher of a local newspaper That makes Extra to be a commercial consumer of printing accessories as well as presses (Judicial Education Center, .n.d.). Suspected Entry: 67% match Uploaded - BUSINESS LAW-UNIT VI-LANA C. YBARRA.doc That makes Extra to be a commercial consumer of printing accessories as well as presses (Judicial Education Center, .n.d.) Source - Another student's paper extra is a commercial consumer of printing presses as well its accessories Contract formation includes a variety of elements that qualify a contract to be valid, thus making parties accountable to one another. Consideration and offer existence of acceptance are the elements. 2 As per the scenario, the first meeting between Bos (Extra's president) and Rep (sales representative of Mundo) did not satisfy any of elements in a contract that is a consideration and offer existence of acceptance because none of the parties make any explicit offer. Suspected Entry: 70% match Uploaded - BUSINESS LAW-UNIT VI-LANA C. YBARRA.doc As per the scenario, the first meeting between Bos (Extra's president) and Rep (sales representative of Mundo) did not satisfy any of elements in a contract that is a consideration and offer existence of acceptance because none of the parties make any explicit offer Source - Another student's paper According to the scenario, an initial meeting between Rep [Mundo’s sales representative] and BOS [Extra’s president] did not satisfy any of the contract elements as mentioned above because neither did the two parties make any specific offer Mundo's salesperson Seller on 1st December wrote a letter to Bos, the message in the letter was that they were willing to deliver and sell the presses at $2.4 million, the letter qualifies to be an offer under the Uniform Commercial Code and common laws, by Boss accepting the letter makes the letter compelling, thus both the business entities of Mundo and Extra are bound by the contract. Seller’s offer in the letter was accepted by Boss. 2 The message of Boss can be taken as an acceptance message making the contract that was established between Extra and Mundo to be valid unless otherwise. Suspected Entry: 76% match Uploaded - BUSINESS LAW-UNIT VI-LANA C. YBARRA.doc The message of Boss can be taken as an acceptance message making the contract that was established between Extra and Mundo to be valid unless otherwise Source - Another student's paper Boss’s message can be interpreted as an acceptance message meaning a valid contract is established between Mundo and Extra unless otherwise The acceptance became efficient that time the message was delivered. 2 There is no proof showing that seller did not receive the message and even though the message was not directly received by seller or heard or personally read the message until after 5th December when he made an effort of withdrawing the offer, as far as the terms and conditions of contract agreement are concerned and as per the Uniform Commercial Code and common laws, Mundo would be accountable (Judicial Education Center, .n.d.). Suspected Entry: 73% match Uploaded - BUSINESS LAW-UNIT VI-LANA C. YBARRA.doc There is no proof showing that seller did not receive the message and even though the message was not directly received by seller or heard or personally read the message until after 5th December when he made an effort of withdrawing the offer, as far as the terms and conditions of contract agreement are concerned and as per the Uniform Commercial Code and common laws, Mundo would be accountable (Judicial Education Center, .n.d.) Source - Another student's paper There is no evidence implying that the message was not received by Seller and even if Seller did not directly receive the message or even read it personally or hear the message, till after the December 5th effort to withdraw the offer, Mundo would be accountable as far as the contract agreement terms are concerned and under the common law and UCC Extra is required to pay $2.4 million for the printing presses as per the consideration element. Suspected Entry: 76% match Uploaded - BUSINESS LAW-UNIT VI-LANA C. YBARRA.doc Extra is required to pay $2.4 million for the printing presses as per the consideration element Source - Another student's paper According to the contract element called consideration, Extra will pay 2.4 million dollars for the required number of printing presses Additionally, the likely reliance by Extra will not permit Mundo to invalidate the existence of the contract because of the these two acts; Suspected Entry: 64% match Uploaded - BUSINESS LAW-UNIT VI-LANA C. YBARRA.doc Additionally, the likely reliance by Extra will not permit Mundo to invalidate the existence of the contract because of the these two acts Source - Another student's paper In addition, the foreseeable reliance by Extra will not allow Mundo to disprove the contract’s existence because of these two acts new installation of electricity and Boss used Rep’s plans to begin pressroom’s renovation contract that was signed and all these took place between 1st December and 4th December before Mundo efforts to drop the offer on 5th December. Suspected Entry: 64% match Uploaded - BUSINESS LAW-UNIT VI-LANA C. YBARRA.doc new installation of electricity and Boss used Rep’s plans to begin pressroom’s renovation contract that was signed and all these took place between 1st December and 4th December before Mundo efforts to drop the offer on 5th December Source - Another student's paper Rep’s plans were used by Boss to start renovation of the pressroom and new electrical installations contract was signed and this happened in December between dates 1 and 4 before even Mundo attempted to drop its offer on December 5th The idea of offer withdrawal was not a good idea since the offer was efficient and accepted following a phone call. The email of Mundo is considered a violation of contract and inefficient. By following the terms Mundo could be responsible for not terminating the deal but take advantage of orders that were given by the U.S.A president of prohibition heavy computerized equipment importation. Based on this scenario, the remedy of Extra is detailed performance having in mind that in 1st December communication was instigated which recognized a compelling contract. Hence, Extra has not violated the contract and ready to perform. 1 For instance, if the court will handle the case to give an equitable remedy then Mundo will still have to sell the printing presses at $2.4 million. Suspected Entry: 70% match Uploaded - BUSINESS LAW-UNIT VI-LANA C. YBARRA.doc For instance, if the court will handle the case to give an equitable remedy then Mundo will still have to sell the printing presses at $2.4 million Source - Another student's paper Now, if the case examined in court, the court will have no issues in putting into effect an equitable remedy meaning Mundo will have to sell the printing presses for 2.4 million dollars 2 Mundo violated a contract that was valid so as to make an extra profit thus making him not to have compelling defenses. Suspected Entry: 62% match Uploaded - BUSINESS LAW-UNIT VI-LANA C. YBARRA.doc Mundo violated a contract that was valid so as to make an extra profit thus making him not to have compelling defenses Source - Another student's paper Mundo breached a valid contract in an attempt to make an extra profit of half a million dollars making Mundo not to have valid defenses This will force Mundo to sell the printing presses and making Extra win the performance. References Judicial Education Center. (.n.d.). 8 Remedies for Breach of Contract retrieved from http://jec.unm.edu/education/online-training/contract-law-tutorial/remedies-for-breach-of-contract Suspected Entry: 84% match Uploaded - BUSINESS LAW-UNIT VI-LANA C. YBARRA.doc Remedies for Breach of Contract retrieved from http://jec.unm.edu/education/online-training/contract-law-tutorial/remedies-for-breach-of-contract Source - Another student's paper Retrieved from http://jec.unm.edu/education/online-training/contract-law-tutorial/remedies-for-breach-of-contract Weidemaier, W