PART I
Directions: Please review the questions below and write a 3-4 page essay analyzing each legal issue presented in this week's modules readings. Please apply APA format with in text citing, reference list, and double-space. Limit your word count to 2,000 words. Please visit the Academic Resource Center for help with APA format.
If applicable, include arguments from each side. If a criminal case exists, you would present arguments from the prosecutor and the defense attorney. If it is a civil case, then you would argue as a plaintiff and defense lawyer. Be sure that your answers respond to the questions. Do not restate the problem in your answer. Mention the facts where relevant to your analysis. If you are asked for a recommendation, be sure to include one, but do not fail to consider counterarguments. If your answer depends upon essential information not set forth in the question, state what that information is and how it affects your answer. If facts are missing in your argument, please state what facts would be pertinent to each party's case; also list any facts or information that could potentially damage a party's case.
Read the questions carefully and attempt to answer each directly. Clear, well-organized, and concise writing will be rewarded. If there are ambiguities in the questions, discuss the ambiguity and how it impacts your answer. You may consult your text, lecture notes, or outlines that you have personally prepared.
Submit your responses to the following:
1. What is the difference between accord and satisfaction? When might an accord be made?
2. How does commercial impracticability change the way that contracts are discharged because they are too difficult to perform? Is commercial impracticability a common law or statutory doctrine? How is commercial impracticability different from impossibility?
3. What is a novation? If a novation occurs, what happens to the parties in that contract?
4. What is rescission? Are contracts always rescinded quite easily? What reason would a contract is rescinded?
5. What is duress? There is one crime under criminal law, where duress is not allowed as a defense. What is that crime? Research that crime. Summarize the facts of a case you find related to that crime? Does it make sense that duress is not a defense in that case?
6. What is a material breach? Provide an example. If one party creates a material breach what can the other party do? Are the parties forced to still comply with the contract?
7. What is undue influence? Why would someone claim this defense? Provide an example.
8. What is a waiver? How do waivers apply in a contract? Look at the License Agreement from Module 3's homework assignment. Was a there a waiver in this Agreement? If so, provide the section number and a summary of the waiver.
9. What are nominal damages? Are nominal damages given often in a lawsuit due to contract breach?
10. Vance, a peanut grower, entered into an agreement to provide 2,000 pounds of peanuts to Timmons, a peanut processor. Severe rains, however, caused flooding and destroyed the peanut crop to be supplied by Vance. Vance argued that his contract with Timmons was discharged. He claimed that because the subject matter of the contract (the peanuts) was destroyed, he could not deliver the product as initially promised. Do you agree that the contract was discharged?
11. Connors and Ferris entered into a contract in which Connors was obligated to deliver certain goods to Ferris by March 8. On March 1, Connors told Ferris that he would not deliver the goods called for in the contract. The reason for refusing to deliver the goods was simply a change of mind at this time. Connors told Ferris that he would think more about it and possibly deliver the goods sometime in the future. Can Ferris successfully sue Connors immediately or must he wait to see what Connors decides to do?
12. What are compensatory damages? What kind of restriction is placed on a person who is entitled to compensatory damages?
13. In purchasing a new automobile, Blacklaw ordered it with no extra equipment except power steering. She did not read the contract presented to her before signing it. She learned later that the car included power steering, radio, air conditioning, and tinted glass. What effect, if any, did Blacklaw's mistake have on the contract?
PART II
Directions: When do courts usually enforce specific performance under a contract? Give an example of when specific performance might be appropriate? Do you think specific performance is good in all cases? Please apply APA format with in text citing, reference list, and double-space. Limit your word count to 400 words. Please visit the Academic Resource Center for help with APA format.