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An appropriate remedy would have been for the contractor to be responsible for the necessary repairs, and to pay for any resulting damages (for example, hotel charges if the repairs rendered the house unusable or the costs of restaurant meals if the kitchen could not be used).
5. Protein entered into a contract to buy stock in a small corporation from Gingerich. They refused to take the stock and Gingerich sought specific performance, on the grounds that the stock was not sold on the general market and its value could not be easily ascertained. Gingerich was not entitled to specific performance. Specific performance is only available when a money judgment cannot make a party whole, such as when the subject of a contract is unique. If they entered into a sales contract, the parties clearly identified a value for the stock. Therefore, Gingerich could be made whole...
In May, a homeowner entered into a contract with a roofer for roof repairs to be completed by July 1st. The roofer never came to repair the roof, and heavy rains in the fall damaged the home's interior. The homeowner sued for those damages. The homeowner was not entitled to recover for those damages because the homeowner had ample time between July 1st and the fall to seek to enforce the contract and to find another roofer to replace the roof. The homeowner had a responsibility to mitigate the damages. It was not foreseeable to the roofer that the homeowner would fail to have the roof repaired. However, if the roofer knew that by July 1st the homeowner would not be able to find a roofer during that roofing season and would be unable to…
Increasingly, these EMS services are becoming the bread and butter funding sources increasingly for fire departments (FEMA, 2010, p. 1-1). These fees and the decisions that are made by city, local and county officials literally translate into life and death for the citizens of the affected areas. In addition, the question of who should pay is raised, raising basic questions of governance and equity. Should only the users of such
Cultural Event Report: Museum of Art Fort Lauderdale Recently, I had the pleasure of visiting the Museum of Art at Fort Lauderdale. Surprisingly, I had never been to the museum before. It sits adjacent to Nova University, in a very beautiful and modern section of the city. The very moment I walked up to the doors, I was excited. The museum is a very interesting exterior composition, with the bright coat
However, the reasons why people commit crime are as different as the individuals themselves. Intentional murder comes in two different flavors. The first is the carefully plotted, well thought out, planned act. In this scenario, motivational theory takes over. The person must feel that they will gain some type of value from the action. It may be that they gain something, such as money, or they may feel that
Jews desperately sought entrance into the City of Spring, but the British stood firm on their proclamation, fearing Arab backlash. "The Nazis kill us," the Jews cried, "and the British won't let us live." In 1945, the world discovered that its greatest fear had come true: the Nazi death camps all over Europe, ripe with the massacre of the Jewish people, cemented the Zionist call in those who lived. "Israelis
Origins, History of the IMF The International Monetary Fund was first conceived between July 1-22, 1944, at the United Nations Monetary and Financial Conference in Bretton Woods, New Hampshire. The conference was attended by representatives of 45 nations, which were called together in order to plan and lay the groundwork for a cooperative economic framework to solve global financial crises before they occur. One key reason for the conference was to
Pedagogic Model for Teaching of Technology to Special Education Students Almost thirty years ago, the American federal government passed an act mandating the availability of a free and appropriate public education for all handicapped children. In 1990, this act was updated and reformed as the Individuals with Disabilities Education Act, which itself was reformed in 1997. At each step, the goal was to make education more equitable and more accessible to