Part A Jody finds out that his rival, Troy, has a contract out on his head (killing
Question:
Part A Jody finds out that his rival, Troy, has a contract out on his head (killing for hire contract). Fortunately for Jody, Randy who was hired to carry out the deed, has refused to proceed because, based on knowledge of a recently failed business venture, he does not think Troy is going to be able to pay. Can Troy sue Randy for specific performance of the contract? Why or why not?
Part B Shawna and Mariam meet during a fitness class. Shawna tells Mariam that she works as a security officer with a private security agency named Too Tough. Mariam tells Shawna that she is organizing a street party with live entertainment in her neighbourhood, and that she needs to hire two security guards. She gives Shawna the time and place after Shawna expresses interest in working the event and assures Mariam that she will be able to recruit a second security guard to work with her. Shawna gives Mariam the agency's phone number and asks Mariam to call her supervisor with the details. The next day, while Shawna is not at work, Mariam calls and speaks to Shawna's supervisor. She explains the details of the work and that she is willing to pay the guards $15.00 per hour. The supervisor asserts that this compensation is far below the minimum rate, and that he cannot allow his guards to work for such little pay. Mariam refuses to pay more and hangs up the phone. The supervisor later relays this information to Shawna who agrees that he was right not to accept the work at this rate.
Two weeks later, Too Tough gets an angry call from Mariam. She says that the security guards who agreed to work her event never showed up, and two traffic barriers valued at $400.00 each, were stolen. She demands compensation for her loss, which she says would not have occurred if Too Tough had abided by the terms of the contract.
- Was there in fact a contract between Mariam and Shawna? Or between Mariam and Too Tough? Why or why not?
- If there was, in fact, a contract, and Shawna breached it by not showing up without a second guard, would Too Tough be liable for the cost of the stolen barriers? Why or why not?
In response to this message im looking for a law expert to type out the response in memo format and as we'll let me know what's the best memo format to use when answering scenarios so I can use it as a guide based on the law you'll find the response to the scenarios below as follows :
Part A Can Troy sue Randy for specific performance of the contract? Why or why not?
No, Troy cannot sue Randy for specific performance of the contract.
Part B 1. Was there in fact a contract between Mariam and Shawna?
No, there was no contract formed between Mariam and Shawna.
Or between Mariam and Too Tough? Why or why not?
No, there was also no contract between Mariam and Too Tough.
2. If there was, in fact, a contract, and Shawna breached it by not showing up without a second guard, would Too Tough be liable for the cost of the stolen barriers? Why or why not?
Yes, Too Tough would be liable for the cost of the stolen barriers.
Explanation:
Part A Can Troy sue Randy for specific performance of the contract? Why or why not?
No, Troy cannot sue Randy for specific performance of the contract.
This is because the contract for killing is an illegal contract and all illegal contracts are unenforceable.
Under contract law, an illegal contract is a contract that the court will not enforce under any circumstance as the law forbids it. Illegal contracts include any contract against the law or against the public policy. An example of an illegal contract is a contract for murder. An illegal contract is generally deemed void or unenforceable, meaning the position of the contract is as if the contract never existed.
Part B 1. Was there in fact a contract between Mariam and Shawna?
No there was no contract formed between Mariam and Shawna.
A contract is a willful agreement between two parties to exchange something of value between them.For a contract to be legally binding it must contain the four elements of a contract. These elements include; an offer, acceptance, consideration and capacity. In this case there was no consideration and therefore no contract was formed.
Or between Mariam and Too Tough? Why or why not?
No, there was also no contract between Mariam and Too Tough. This is because even though there was an offer and consideration from Mariam, Too Tough did not accept the offer and therefore without acceptance no contract is formed.
2. If there was, in fact, a contract, and Shawna breached it by not showing up without a second guard, would Too Tough be liable for the cost of the stolen barriers? Why or why not?
Yes Too Tough would be liable for the cost of the stolen barriers. Shawna is acting on behalf of Too Tough and it is liable for breach of the contract for not sending another guard to join Shawna.