Question
When a party does not perform a contract as expected, he is said to have breached. As a paralegal, you'll encounter lots of clients who
When a party does not perform a contract as expected, he is said to have breached. As a paralegal, you'll encounter lots of clients who are either suing or being sued as a result of a breached contract, and you will need to do research to help determine what justifications there were for the breach and what remedies are available to the other party. In this assignment, you'll explore one case where a contract was breached in order to determine what will happen as a result of the failure to perform the contract as planned.
Chrysanthemum Cupcakes (CCs) has a contract with the local grocery store for baking and delivering cupcakes. The contract calls for 200 dozen cupcakes to be delivered every Monday and Thursday. CCs makes the first delivery, but the next weekend, half of the staff comes down with the flu, and they do not have enough manpower to complete all of their orders. They choose to fill the smaller orders and not to fill the grocery store order for the entire week. CCs manager reports to the grocery store that they used their "best efforts," but they just did not have the manpower to perform that week.
- Answer the following questions about the scenario:
- Do you think CCs gave the grocery store a legally valid excuse? Why or why not?
- What excuses might be valid to legally terminate the contract?
- What are the potential remedies for the grocery store if CCs' actions are considered to be a breach of contract?
- Think about a time when you were involved in a breach of contract case, or when you heard of a contract dispute on the news, such as a celebrity breaching a contract.
- What were the details of the case? Include any arguments and outcome.
- How was your case similar to (or different from) the scenario case?
- What were the remedies you had as either the breaching or nonbreaching party?
- Knowing what you know now, would you do things differently? How?
You will be evaluated on how well you support your claims.
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