Contract Law Circumstance Study

PART I

LINUS Hopes TO SUE CHARLIE

On what contractual grounds could he sue?

Linus could sue Charlie on the grounds of the mailbox rule/postal guideline, since a agreement was created on June 15, 2009 when Linus composed back again to Charlie recognizing the offer, not when it was received. After the function of communication is the mail, an acceptance becomes valid when it is dispatched or placed in the control of the US Postal service, not when it is received by the offeror.

Will Linus prevail?

Yes, Linus will prevail even although agreement was not communicated to the offeror, it does not prevent the contract from being created.

What if any defenses, contractual arguments or counterclaims would Charlie have?

Charlie's security for a counterclaim will include the actual fact that while Linus accepted the offer in due time, the acceptance did not correspond with the offer, when Linus requested to change the original offer that altered the conditions of the agreement and an offer in one set of conditions can hardly be accepted by way of a communication in various terms.

Will Charlie prevail?

Yes, and to reiterate that an acceptance of an agreement means that little or nothing should be put into the offer, even if it is consistent or like the offer. The offeree must admit unequivocally without changing the initial offer.

CHARLIE Needs TO SUE THE VET

On what contractual grounds could he sue?

Charlie could sue on the lands that while there is an exculpatory clause on the receipt releasing Veterinarian Emporium from responsibility in connection with the treatment of Snoopy and Woodstock, that did not waive the veterinarian's standard of health care owed to the patients. This unconscionable clause is voidable for reasons of open public policy, because a party might not exempt themselves from responsibility from a obligation imposed on them by a statute because of their carelessness in the performance of an duty imposed after them by law. Charlie could restore for intentional infliction of psychological distress for harm to Woodstock.

Will he prevail?

Yes, the veterinarian's do was unprofessional, when he endangered medical and welfare of Woodstock due to unreasonable basic safety.

What if any defenses, contractual arguments or counterclaims would the Veterinary have?

The vet may assert that the exculpatory agreement which was area of the receipt waived Charlie's to sue for injuries on the grounds that the expanded boarding services provided had not been female function of the veterinarian's practice so when Charlie used these services, he did so voluntarily.

Will he prevail?

Probably not, while waivers are customarily part of a boarding agreement, they are simply unenforceable in many jurisdictions.

SALLY Desires TO SUE THE VET

On what contractual grounds could she sue?

She could sue due to breach of any unilateral agreement. Once an offer has been made such as when Veterinary Emporium placed the advertisement all around the area of a reward for the go back of Woodstock, popularity of that agreement was satisfied when Woodstock was found by Sally. Once Sally performed the problem, the offeror was contractually obliged to pay her.

Will she prevail?

Possibly, there might be a concern with the way in which she came back Woodstock. She probably should have taken him to Veterinary Emporium to collect the pay back.

What if any defenses or contractual quarrels would the Vet have?

Vet Emporium could dispute that Sally was not obligated to the prize since she didn't return Woodstock to their office.

Will they prevail?

Yes, this was condition precedent contract that stipulated that Woodstock needed to be returned to Veterinary Emporium in order to collect the $50. 00 prize.

THE VET Wants TO SUE CHARLIE

On what contractual grounds could he sue?

He could sue for inability of payment for services rendered to Snoopy.

Will he prevail?

Yes, payment continues to be due for caring of Snoopy.

What if any defenses or contractual quarrels would Charlie have?

In security, Charlie could state that due to veterinarian's neglect Snoopy suffered psychological loneliness when Woodstock flew away, he should be honored damages.

Will he prevail?

Yes. Compensatory damage can be given for the breach of deal.

SALLY Wants TO SUE CHARLIE

On what contractual grounds could she sue?

Sally could sue Charlie for refusing to pay as arranged, for looking after Woodstock.

Will she prevail?

Yes, Charlie expressed orally that he'd reimburse Sally $100. 00 for finding and nurturing of Woodstock.

What if any defenses or contractual quarrels would Charlie have?

None, Sally expected repayment for service and Charlie should have known that payment was expected.

Will he prevail?

No, Charlie can have picked up Woodstock without offering to reimburse Sally. He dedicated himself to the repayment.

LUCY Needs TO SUE LINUS

On what contractual grounds could she sue?

Lucy can sue Linus for compensatory damage for the increased loss of bargain of the work that he was to execute.

Will she prevail?

Yes, she can sue Linus for breach to recuperate the excess $325. 00 in compensatory problems and then for other fees incurred to obtain performance from another source.

What if any defenses or contractual quarrels would Linus have?

Linus could claim that the breach was unintentional and was centered upon the reliance of an deal with another get together.

Will he prevail?

No. Regardless of the circumstances, he still breached his contract with Lucy.

PART II

SCHROEDER V LUCY

On what contractual grounds could he sue?

Schroeder could sue on the grounds that he was not advised to acquire his own unbiased counsel to really have the document examined before putting your signature on the prenuptial agreement. He could sue that the arrangement was unconscionable when it was performed and, he was not provided a fair and reasonable disclosure of the house or financial obligations of the other party and he didn't have, or relatively could not have had, an adequate knowledge of the house or obligations of the other get together.

Will he prevail?

The resulted results can go either way, prenuptial contracts are routinely upheld and enforced by courts in practically all says, even only if one party got an attorney (In re Relationship of Bonds 2000); however, there are circumstances where courts have refused to enforce certain portions and provisions of such agreements(Real estate of Lutz 1997).

What if any defenses, contractual arguments or counterclaims would Lucy have?

Lucy's security would be that while her actions weren't laudatory they didn't negate the voluntary aspect of the execution. A unilateral promise such concerning buy Schroeder a new piano if he'll marry must maintain writing. Such claims were not included in her prenuptial contract. Lucy may possibly also argue that it is Schroeder's responsibility to hold off the signing of an agreement that might not exactly be grasped.

Will Lucy prevail?

Yes, she acted appropriately and maintained counsel on her behalf.

LUCY V LAWYER

On what contractual grounds could she sue?

She could sue the attorney for negligent misconduct, malpractice and misrepresentation by concealment of not informing her of his position to practice law. The legal professional violated condition statues which prohibits the unauthorized practice of law and suspension for inability to pay bar fees.

Will she prevail?

Yes, many states have statues that suspend lawyers from practicing laws for failure to pay their club fees. Failure to pay the annual certificate cost will automatically suspend the delinquent legal professional from the exercising law in that state.

What if any defenses, contractual quarrels or counterclaims would the Attorney have?

None, he violated circumstances statue, and determined a scams by practicing legislations knowing that his permit may be suspended for not paying his pub dues. He shouldn't have any defenses available because he involved in fraudulent misrepresentation that was harmful to public insurance policy.

Will he prevail in his defenses or his counterclaims?

No. Officially, all the work that he could have done while not in the possession of the valid permit might be voided.

PIGPEN V MARCIE

On what contractual grounds could he sue?

Pigpen could sue Marcie for deceptive misrepresentation the reality for failing woefully to disclose that they is an insect infestation, when she up to date Pigpen that there is no insect problem in her home. Pigpen could also sue for restoration of his earnest money that he gave to Marcie.

Will he prevail?

Yes. Marcie failed to comply with the entire performance of the agreement.

What if any defenses, contractual arguments or counterclaims could Marcie have?

Marcie can argue considerable complete performance by getting rid of the insect infestation.

Will she prevail in his defenses or her counterclaims?

No. The challenge with insect infestation can't be easily corrected and intentionally failing woefully to comply with the conditions is a breach of agreement. She intentionally withheld essential information from Pigpen about the health of her home in regards to insects.

LUCY V MARCIE

On what contractual grounds could she sue?

Pigpen could sue Marcie for deceptive misrepresentation the facts for failing woefully to disclose that they can be an insect infestation, when she up to date Pigpen that there is no insect problem in her home. Pigpen may possibly also sue for recovery of his earnest money that he offered to Marcie.

Will he prevail?

Yes. Marcie didn't comply with the full performance of the agreement.

What if any defenses, contractual arguments or counterclaims could Marcie have?

Marcie can dispute considerable complete performance by getting rid of the insect infestation.

Will she prevail in his defenses or her counterclaims?

No. The problem with insect infestation can't be easily corrected and intentionally failing woefully to comply with the terms is a breach of deal. She intentionally withheld important information from Pigpen about the condition of her home in regards to insects.

LUCY V MARCIE

On what contractual grounds could she sue?

None, Marcie placed a condition upon which the sales would go forward if the sales of her existing home attained the conditions outlined.

Will she prevail?

No. Since Marcie was unable to secure a buyer on her behalf home, the offer to buy Lucy's home is voided on the lands that the condition preceded her complete responsibility to buy.

What if any defenses, contractual quarrels or counterclaims could Marcie have?

Marcie might use the defense that she put the condition precedent in her agreement that she'd buy Lucy's home after the sale of her own home for $300, 000 or even more within 30 days.

Will she prevail in her defenses or her counterclaims?

Yes, if no-one pays the purchase price she has proven within the period indicated, the arrangement to buy Lucy's home will are unsuccessful because the problem precedent had not been met.

MOMS V SCHROEDER

On what contractual grounds could they sue Schroeder?

The mothers can sue on the grounds of personal performance because they didn't consent to the change. The parents can declare that delegation was not effective because the students complained about Peppermint Patty's capacity and that materially changed their prospects.

On what contractual grounds could they sue Peppermint Patty?

They could sue Peppermint Patty for breach of her duty. Special trust was placed on her performance based on the personal skills of Schroeder.

Will they prevail?

Yes. Contractual obligations cannot be delegated. The performance by Peppermint Patty varied materially from that which was expected. Also, a delegation of responsibilities does not relieve Schroeder of his commitments under the deal.

What if any defenses or contractual arguments would Schroeder have?

None, once Peppermint Patty didn't perform then Schroeder is likely to the mothers.

Will he prevail?

No, the assumption of work by Peppermint Patty varied materially from what was expected.

Could he sue Peppermint Patty?

Schroeder can sue Peppermint Patty for breach of deal and performance of obligation.

PEPPERMINT PATTY V SCHROEDER

On what contractual grounds could she sue Schroeder?

Peppermint Patty could sue Schroeder for payment of services rendered. Whatever the reality, that the responsibilities weren't performed to the satisfaction of the mothers, she still completed her responsibility.

Will she prevail?

Possibly, personal satisfaction of the party must be satisfied for a court docket to rule, unless the manifestation of dissatisfaction is to avoid payment.

What if any defenses or contractual arguments would Schroeder have?

Schroeder could dispute that Peppermint Patty didn't perform to the satisfaction of the parents and for that reason performance had not been satisfied and the condition was not fulfilled.

Will he prevail?

Yes, the breach was material because the performance was not at least significant.

Could he sue Peppermint Patty?

Yes, he could sue Peppermint Patty for breach of agreement of nonperformance of the contractual responsibility.

PART III

Once the offer was accepted by Linus from Charlie using the mailbox guideline, the agreement was valid and became effective after acceptance. Linus is eligible for the $500 actually provided by Charlie. Veterinarian Emporium's has already been bound by deal to execute a certain responsibility and should not be paid out for their neglect of obligation, but should cure Charlie for losing and harm they caused Woodstock. It could not be prudent for Veterinarian Emporium to pay Sally for the come back of Woodstock because the advert posted comprised conditional precedent for the go back to their office. Sally is eligible for the payment of $100 from Charlie since he orally expressed his motives to reimburse Sally for finding and caring of Woodstock. Lucy should restore yet another $325. 00 in compensatory damage and for other fees incurred to acquire performance from another source. Schroeder signed the prenuptial contract voluntarily and the promises made by Lucy were not stipulated in the agreement so are there no grounds for payment. Lucy should pay the lawyer because of his carelessness, malpractice and misrepresentation to apply law. Lucy's lawyer should be suspended for failing to pay his pub dues and the courts in the state where he techniques should review all his conditions. Pigpen should received compensation of his earnest money funds from Marcie and the agreement should be voided for breach by Marcie. Lucy's deal with Marcie is void as a result of conditional precedent that Marcie put upon the offer. Minus the deal of her home, there is no valid agreement with Lucy. The moms had the right from Schroeder to execute his contractual duty and really should be compensated nominally for problems endured. Peppermint Patty performed her commitments under this contract and Schroeder should purchase those services rendered, regardless of the satisfaction of the clients. That satisfaction is the responsibility of Schroder since he was the obligor.

References:

Clarkson, Miller, Jentz, and Frank B Mix (2009). Business Law, Text and Circumstances, 11th Ed. , South-Western

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