Business Law Analysis - Essay Example

Law December 15, Business Law Answers In this case Sam can sue Leonardo for the breach of contract. Breach of contract arises when one party to the particular agreement fails to execute pursuant to the conditions of the contract. Here Leonardo entered into a contract to paint Sam's house for $4000 but he fails to perform on the due date so here we can see the breaching of agreement on the main part of the contract. 2) In this case First thing is that it doesn’t disclose if Watson paid Holmes or not. If he paid then it was a promise in this circumstances, Watson can recover the extra cost of USD 5000 from Holmes more over for the delay he can recover the actual loss of rent depending on the time extra taken. 3) Misrepresentation as to quality and specification comes either under consumer law if the amplifier for personal use and under MRTP Act if used for public use so the recovery is depending on the decision of adopting the use if Eric keeps the amplifier, he is liable to pay for its market cost of 200$ then he can recover the money he paid extra and compensation for the damage. 4) No, the doctor is not liable to recover the $3000. He is hit by the principle of estopel. The law of Estoppels means that the 'agent' had no power at all to perform the principal is simply excluded from denying that authority existed. 5) Here we can see the ACT of god. Acme has defense of unforeseen government regulation. He can’t be sued for damages but Bob can recover the balance amount due if he already paid if not paid, Acme can’t really recover anything. 6) An oral agreement is enforceable unless its subject comes in the act of frauds, an English Law adopted in the US that needs certain contracts to be in writing. And also in US an agreement to sell real land, property or house to be enforceable, should be in writing to comply with the law. Here there is only a oral agreement between the two parties to the contact so if the Ernie sues for the damage Bert is not liable to pay the same. “An oral contract to sell Personal Property for an amount less than that set in the statute does not fall within its limits and, therefore, is enforceable without being reduced to writing. The Uniform Commercial Code governs the enforceability of oral contracts in sales transactions involving merchant” (Oral Contract para. 1). 7) In this case suit filed by the Floid for breach of contract is maintainable. And also the other party is liable pay the compensation. But the same time suit filed by Goober is not maintainable. Because stranger to a contract cannot sue. 8) Yes, Crosby can sue Hope for the breach of contact. In this case there is a bilateral contract between the parties to the contact. That is between Hope and Crosby. Later Hope breaches the contact so the agreement such agreement is not enforceable by law. And also Hope is liable to pay for the damage. 9). If Ace brings suit against Flo such suit is maintainable under law. Here the contact is between Ace and Flo for the $8,000 for a car. But Flo gives a worthless check for that cash. If the suit is filed against Flo he is liable for the breach of contact. Ace is the third party and also the agreement between the Flo and Eb is different from the first agreement. 10). Here in this case there is a mutual agreement between Sam and Bob is for selling of sheet metal in monthly installments over a two year period, Payment is to be made within 10 days after each delivery. If the Bob is failure to give the payment for the already sold goods then he is liable to pay the same for the breach of agreement. Bob counterclaimed for damages arising out of Sam's failure to deliver the remaining installments under the contract is also maintainable because there is an agreement over a two year period. But after the period of 2 years Sam is not liable for the same. 11) Lucy is not liable to pay $16 to the Ethel. Here the actual terms of the agreement is for babysit for $4 for each half hour it does not including cleaning and ironing. 12) In this problem suit for damage is maintainable. The employee of the inn closed the car door, and George's left index finger was amputated so that George sued the inn for his injuries so the other party is liable to pay for the damage. 13) Yes, the court should grant the motion for the breach of contract. In this case the contract was negotiated over the phone, prepared in Michigan, sent to Lenny in Florida for signing. Lenny participated in several PGA events, two of them in Florida. 14) In this case there is an agreement between the Harry and Ron that Ron will do landscaping work for Harry for $30 an hour. Ron finds that Ron finds that he has more work than he can handle and sends Hagrid to do the work instead, but on the act of Hagrid he damages Harry's home. In this circumstances Ron is responsible for the damage caused to the Harry’s home because third party to the contact cannot sue. Here the agreement is between Harry and Ron. 15) Mr.Magoo is required to pay the bill that is $45 for the repair. Because at the collecting the repaired glass from the optician he was not there. And also if Magoo is not paying the bill such contract turn into the breach of contract. So that he is liable to pay the same. 16). In this case there is agreement between Brown and White, and the agreement talks about not to compete. But later Brown quit the job and started to work in another company that is the competitor of the White. White cannot White stop Brown from working at his new job because he is only the employer of the competitor company not really compete with each other with white. 17) In this case there is not a tort or civil wrong on the part of the Dan. He is not liable for the all the damages. He is the driver for the City Delivery Service. The transmission engages and the truck crashes into a nearby gas station pump and starts a fire which spreads to the next property, a construction site. It is due to the engagement of act of god. So he is not recovering anything. 18). Yes, Hank can avoid the contract and demand immediate return of his money because contract is made on the basis of misrepresentation and fraud. 19) No, such suit is successful. In this case there only a unilateral agreement between the Barney and Ted such agreement is not valid until it binds by the two parties to the contact. 20). Mavis can file a suit against the breach of contract on the Bestever Beverage Co. for fails to send the list within a reasonable period of time, that causing a substantial loss to Mavis. But at the same time Bestever is not in position to file the suit against the breach of contract because of the not ready bottles. If he send the list within the reasonable time Mavis are capable to deliver the same in the correct time. Work Cited Oral Contract. Farlex, Inc. 2011. Web. 15, December 2011. Read More