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After reading this week's chapter, and in your own words, respond to the following: Facts: Jill contracted with Jack's Home Construction, Inc. to build her
After reading this week's chapter, and in your own words, respond to the following: Facts: Jill contracted with Jack's Home Construction, Inc. to build her a new home. The contract's terms provided that Jill would pay Jack's $1 million at completion. In exchange, Jack's would build a home matching certain blueprints, plans, and specifications that the parties agreed to. Those plans included: a specification for commercial grade stainless steel appliances manufactured by Viking to be installed in the kitchen, a four person Jacuzzi to be installed on the backyard patio, and completed landscaping around the house including the seeding of a Kentucky Bluegrass lawn. Upon being notied by Jack that the house was completed, Jill inspected the property and discovered that: (a) the kitchen appliances were not commercial grade and were manufactured by Samsung, not Viking; (b) the Jacuzzi on the back patio was sized for 2 people, not 4; and (c) the grass type used to seed the lawn was not Kentucky bluegrass but a much cheaper and less cosmetically pleasing Buffalograss. Consequently, Jill sent a letter to Jack's by mail indicating that she refused to pay the $1 million on the legal grounds that Jack's breached the contract by not performing every duty specified. Jack's lawyer replied that while Jill is technically correct, he is still legally entitled to be paid for the work he did on the house. You be the Judge: A. Discuss whether Jill or Jack has the better legal argument. Has Jack breached his contractual duty and discharged Jill's duty to pay $1 million for the now completed house? Explain your reasoning. B. Next, assume that you were the attorney for Jack's Home Construction, describe the argument you would make as to calculating damages if a judge orjury sided with Jill? Explain why you would argue for that method of calculating damages
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