Exam 17: Contract Discharge and Remedies

Fact Pattern 17-2Flora, who owns and operates Garden Fresh Organic Farms, agrees to sell Harvesters Grocery a minimum quantity of fresh fruits and vegetables every week for three months. -Refer to Fact Pattern 17-2.If Flora dies before the deliveries begin,her contract with Harvesters is​ 

Fact Pattern 17-1Mutual Company enters into a contract to employ Neil as an investment manager for two years. During the first year, Neil is often absent without explanation and when present fails to adequately monitor and manage Mutual's investments. -Refer to Fact Pattern 17-1.Neil's performance is most likely​ 

Only personal contracts can be discharged by agreement of the parties.

Juan and Isidro enter into a contract to buy,restore and reopen the Coastal Park Carousel.Before either party begins to perform,they agree to cancel their deal.This is​ 

Courts may imply conditions from the purpose of a contract or from the intent of the parties.

Fact Pattern 17-1Mutual Company enters into a contract to employ Neil as an investment manager for two years. During the first year, Neil is often absent without explanation and when present fails to adequately monitor and manage Mutual's investments. -Refer to Fact Pattern 17-1.With respect to Mutual's duties,Neil's performance most likely​ 

Nogales Ceramics pays Omar $15,000 to propose an online marketing campaign.Two days later,Omar tells Nogales that he has accepted a job in Silicon Valley and cannot plan the campaign.As compensatory damages,Nogales recover​ 

Ed's Electric substantially performs its contract with Forest Hills Apartments,Inc.,to deliver and install an alarm system and parking lot lighting.Forest Hills is entitled to​ 

Fact Pattern 17-2Flora, who owns and operates Garden Fresh Organic Farms, agrees to sell Harvesters Grocery a minimum quantity of fresh fruits and vegetables every week for three months. -Refer to Fact Pattern 17-2.If a strike delays delivery of the produce beyond the time for performance,Flora's contract with Harvesters is​ 

Isabel orally agrees to buy a unique collection of nineteenth-century cowboy memorabilia for $10,000 from Jessie and sends $2,500 as a down payment.When Isabel pays the rest of the price,Jessie refuses to ship the collection.Isabel should seek​ 

Most contracts need to be performed only to the satisfaction of a reasonable person unless they expressly state otherwise. 

After a contract is made,a supervening event may make performance impossible and discharge the contract. 

Punitive damages are generally available in contract disputes. 

A novation occurs when there is a substitution,by agreement,of a new contract for an old one,with the rights under the old one being terminated. 

In a contract for a sale of goods,the usual measure of compensatory damages is the difference between the contract price and the market price. 

Dino hires Eve to perform at Dino's Club,but Eve later breaches the agreement to accept a higher-paying job at First Star Arena.Dino files a suit against Eve.The court will most likely​ 

Building Restoration,Inc.(BRI),enters into a contract to refurbish an old train depot for Casual Dining,Inc.,to open as Eat Up Restaurant.If BRI completes most of the work promised in the contract,its performance will be 

A condition is a qualification in a contract based on a future event that is certain to occur. 

Quasi contracts allow the courts to act as if a contract exists when there is no contract. 

Stephanie enters into a contract to work as a lifeguard at Tim's Water Park for the summer in exchange for a weekly paycheck and free admission to the park's attractions.If the duties under this contract are discharged like those under most contracts,the duties will be​