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it looks at thing in more of a legal enviornment or business law way Legal Environment in Business Take Home Assignment -Contract Paper Gary R.
it looks at thing in more of a legal enviornment or business law way
Legal Environment in Business Take Home Assignment -Contract Paper Gary R. Kardell I would like a paper written on the subject of Contracts. No research is required other than reference to the text and class discussion. I would like the paper to cover the following subjects in the order shown (a) thru (o): A. What is a contract? B. How is a contract different from a tort? C. Compare and contrast the purpose of damages in tort cases with their purpose in contract cases. D. What are the elements of a bilateral contract? 1. What is a "Merchant Offer"? What are the requirements for a valid merchant offer? Give an example E. How is an option contract created, and how is it different from an offer? example of an option contract. Give an 1. How is a binding option contract offer different from a binding Merchant Offer? Explain. F. What is the "Mirror Image Rule"? Give an example of it, which is not from the text. G. What is "consideration" as an element of a contract? H. Give an example of an agreement with, and an example of an agreement without consideration L What is the "Pre-existing Duty Rule"? Give an example of how it is applied. J. How does a party breach a contract? Explain 2 ways it can occur. 1. When does it occur? Explain 2. Explain what the Doctrine of Accord & Satisfaction is and how it relates to possible breach of contract. Give an example that involves a contract not a tort K. What is a "covenant not to compete"? What are all the requirements for a valid "covenant not to compete" when: 1 a. A business is sold? b. An employer retains an employee? 2. Give an example regarding the sale of a business. 3. Give an example regarding an employee. L With respect to the Statute of Frauds, state as follows: 1. What is it? 2. Why does it exist? 3. What is it's requirements? 4. Identify 4 contracts that must comply with it. M. What is the Doctrine of "Promissory Estoppel"? Why is it used? 1. How are damages calculated? Give a specific example not mentioned in the text N. What is the Doctrine of "Quasi Contract"? Why is it used? 1. How are damages calculated? Give a specific example not mentioned in the text O. Regarding the question of remedies and damages, discuss as follows: 1. Whether punitive damages can be recovered for breach of contract, and if so when. (Disregard torts) 2. Whether damages can be recovered for pain and suffering for breach of contract, and if so, when. 3. Discuss the buyer's remedies when defective goods are sold by the seller. Identify 3 different ways the buyer can proceed. a. Give a specific example showing how the buyers damages are determined in a case. 4, Explain what "cover" is. Give an example. 5. Explain what "cure" is. When can it be used? Give an example. 6 What is the doctrine of mitigation of damages? Explain and give an example of the doctrine. 7. When can specific performance be obtained by: a. The buyer of goods, if the seller breaches the contract? 1) Give an example. b. The buyer of land, if the seller breaches the contract? 1) Give an example. 8. Can the seller obtain an order requiring the buyer to accept the goods or land if the buyer refuses breaching the contract? Explain. 9. Can the remedy of specific performance be ordered if a party refuses to provide personal services? Explain. Give an example. 10. Give 3 different examples of when an injunction can be obtained when a party breaches a contract Step by Step Solution
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