Verified Document

Career And Contracts Defenses Essay

Business Law Contracts, Defenses, Breach, And Remedies The Dream House:

-Was your contract with Bobby a unilateral or bilateral contract; if unilateral, at what time did Bobby substantially undertake performance?

The prerequisites for a bilateral contract are that an offer must be made, that offer must be accepted, and consideration must be tendered. In the Dream House scenario, I offered Bobby an opportunity to build my house in exchange for $500,000, and Bobby accepted my offer. Bargaining the performance of construction work in exchange for a predetermined payment amount represents consideration, completing the third and final requirement and making this agreement a bilateral contract.

-What remedies and/or damages are available to you and to Bobby?

I would be able to sue Bobby for damages while seeking the amount needed to compensate Sheila to complete the unfinished job, which amounts to a sum of $350,000. Conversely, Bobby could defend himself by claiming that he must be discharged from the contract on grounds that substantial performance has been achieved. However, this defense strategy is only applicable in situations whereby the party in...

Ellenberg, 681 So.2d 791 (3rd. Dist. FL 10/2/1996). Considering the fact that Bobby voluntarily walked off of the job, he has placed himself in material breach of the bilateral contract, and therefore his defense on the grounds of substantial performance will fail.
-Since Sheila's cost to complete the house is more than half the cost, who sees a loss from the hurricane?

If one assumes that satisfaction of a judgment for $350,000 can be obtained against Bobby, then Bobby is the only party in the Dream House scenario who stands to incur a financial loss from the damage caused by the hurricane. Fortunately, I would absorb no losses, as I would likely recover all losses associated with the construction setback, and in addition to my out-of-pocket costs the expected judgment would result in me being awarded $450,000, a sum equal to the $350,000 paid to Sheila plus the $100,000 progress payment paid to Bobby.

Q3.The Nightmare House:

-Do you have a good basis for rescinding the sale?

In the…

Sources used in this document:
References

Martucci Lamarre, H. (2006). Career focus: a personal job search guide. Prentice Hall (Upper Saddle River, NJ).

National Constructors v. Ellenberg, 681 So.2d 791 (3rd. Dist. FL 10/2/1996)

Stambovsky v. Ackley, 169 A.D.2d 254, 572 N.Y.S.2d 672 (07/18/91)
Cite this Document:
Copy Bibliography Citation

Related Documents

Company May Be Faced With
Words: 1351 Length: 5 Document Type: Term Paper

Franz went on to state that "two common law doctrines allow recovery of damages in wrongful discharge action" (Franz pg 32). According to Franz those two common law doctrines included; that the employment was an implied-in-fact contract. An implied-in-fact contract is evidenced by the employer by the very act of hiring an individual, and as such is implying that the employee will not be fired without just cause. In Tom

Labor Discrimination - Equal Pay
Words: 6312 Length: 25 Document Type: Thesis

Goodyear which effectively denied employees the right to sue for wage discrimination after the passing of 180 days that "Justice Ruth Bader Ginsberg was so incensed she read her scathing dissent aloud from the bench. She defended Lilly Ledbetter's right to sue her employer, Goodyear Tire & Rubber Co., Inc. For pay discrimination on the basis of sex, giving a not-so-gentle reminder of the realities of the American workplace."

Employment Law Criminal Law to the Security Manager
Words: 2017 Length: 6 Document Type: Essay

Legislation Disputes Advice on Handling Dismissals The Minimum Wage Working Time Regulations WORKERS AND EMPLOYMENT DISCRIMINATION Gender and Sexual Orientation Discrimination Sexual Orientation Gender Reassignment Discrimination on Grounds of Race or Religion or Age Treatment of employees has come under scrutiny in the last few decades. Legislation has been passed to help facilitate effective regulation of a business/work environment. The areas covered by legislation are: employment contracts, work-related regulations (ie. Breaks and work conditions), minimum wage rates, unlawful/unfair dismissal, and discrimination/harassment

Information Technology - Legal Issues
Words: 1129 Length: 3 Document Type: Term Paper

77). Electronic privacy law applies to employment and business records and information management in the workplace, with different rights and regulations depending on the specific communications medium involved. Generally, employee privacy rights to e-mail systems and telephone message recording and retrieval systems are determined by the employment contract or by the employment policies of the employer and are not subject to legal disputes initiated by employees ((Halbert & Ingulli p.78-80). The

Legal Nurse Consultant Business Plan
Words: 5420 Length: 20 Document Type: Term Paper

(Chizek, 2003) The Role legal nurse consultant may provide service in a number of roles, including but not limited to: Consulting expert Testifying expert Facility-based investigator Trainer and in-service presenter Peer reviewer Quality improvement, risk management, claims management Liability insurance marketer and clinical resource" (Chizek, 2003) As standards of care constantly change, medical and nursing staff must keep informed of current standard to develop and/or modify policies and procedures, which must be maintained and secured indefinitely. In the

Fannie Mae Scandal
Words: 2872 Length: 7 Document Type: Term Paper

Fannie Mae Scandal Fannie Mae is the second largest government sponsored U.S. financial institution engaged in mortgage finance after Citigroup Inc. An investigation lasting for eight long months by the Office of Federal Housing Enterprise Oversight or OFHEO revealed massive manipulation of earnings that have been engineered to fulfill Wall Street expectations and smooth volatility in earnings from one quarter to next quarter. The revelations deserve quick corrective action announced by

Sign Up for Unlimited Study Help

Our semester plans gives you unlimited, unrestricted access to our entire library of resources —writing tools, guides, example essays, tutorials, class notes, and more.

Get Started Now