Essay on "Breach of Contract a Person"
Essay 3 pages (742 words) Sources: 3
[EXCERPT] . . . .
The builder was contracted based on providing the materials which included buying the specific type of fastener. Thus he can be required to reimburse or complete the job. The final level of breach of contract is inferior performance which would be a material breach. In this case, the "non-breaching party may: (1) rescind the contract and recover restitution, or (2) affirm the contract and recover damages" (Lemance, 2011). This is not the breach that occurred because the builder did use the fasteners that came with the kit, and the play set was put together in the time and manner that was prescribed.The customer may want to make sure that he is making the right decisions, so he may want to seek legal counsel. If the builder says that he used the fasteners that were called for by the company making the kit and that should be good enough, and that he is not going to do any more work the customer may want to see what his options are. It would probably be a good idea for him to seek legal advice as soon as he sees the problem (Larson). He should be able to get the builder to complete the job correctly or at least pay him for the minor breach. But, a lawyer would know exactly what the customer can do.
The basic points of this exercise are that a customer contracted a builder to construct a play set, and the builder did not fulfill the contract to the specifications of the customer. It is a minor breach because the builder did complete the job, and because he used fasteners that were normally used for that project. However, he was paid to use a certain type of fastener that he did not use. The customer should at least have the ability to be reimbursed for the fasteners that were su
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References
Larson, A. (2010). Contract law -- An introduction. Retrieved from http://www.expertlaw.com/library/business/contract_law.html
Lemance, K. (2011). Substantial performance in contracts. Retrieved from http://www.legalmatch.com/law-library/article/substantial-performance-in- contracts.html READ MORE
Quoted Instructions for "Breach of Contract a Person" Assignment:
“Critical Analysis – Short Paper
Consider a situation in which you or someone you know engaged in a written or oral contract containing specific performance requirements from the contractor providing business services. In the situation, the contractor breached one or more of the contract performance requirements. Using the six essential elements of an enforceable contract, provide a thorough analysis of the situation. Discuss the options under the contact while considering the potential of “substantial performance” and “inferior performance.” Also, consider potential remedies for the non-breaching party.
Use the following guidelines to format your paper:
Introduction
1) Describe the issue/topic area. 2) Define and describe any specific position(s) taken in this paper. 3) Provide an overview of the scope of what will be addressed in the paper.
Analysis
1) Discuss the differences between "Substantial Performance" and "Inferior Performance" breach.
2) Consider the rights of the non-breaching party.
3) Explain the options the non-breaching party may have (deduct cost of remedy, recover costs, rescind contract, consequential damages, etc.)
4) At what point in the process would one be best advised to seek legal counsel?
5) This section must reflect an analysis and understanding of contract law.
Conclusion
1) The discussion must be constructive and reflect the main points of your analysis.
Writing the Paper The Paper:
1) Must be two to three double-spaced pages in length, and formatted according to APA style as outlined.
2) Must begin with an introductory paragraph that has a succinct thesis statement.
3) Must address the topic of the paper with critical thought.
4) Must end with a conclusion that reaffirms your thesis.
5) Must use at least two scholarly sources.
6) Must document all sources in APA style as outlined.
7) Must include a separate reference page, formatted according to APA style as outlined.
How to Reference "Breach of Contract a Person" Essay in a Bibliography
“Breach of Contract a Person.” A1-TermPaper.com, 2011, https://www.a1-termpaper.com/topics/essay/breach-contract-person-contracts/8995104. Accessed 1 Jul 2024.
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