BUS 1104001 EXAM ESSAYS
Please prepare your answers of approximately one page, for each question, typed double spaced, or written neatly and legibly.
This Essay Assignment constitutes 20 points of Exam, and hard copies of your answers must be turned in at the time of the Objective
A) 10 Pb LEWIS Builders contracted to build a summer home for Mr. Schindler. The contract specified the installation of " galvanized, lap welded, standard grade pipe, manufactured by Reading Co." for all of the plumbing. LEWIS substituted another brand of galvanized pipe which was just as strong and durable, and cost the same. When Schindler found out, he refused to pay the $35.000 balance due on the contract, unless LEWIS replaced all of the pipe. To replace the pipe would have cost LEWIS $40,000 - 50,000. When LEWIS sued Schindler for the $35,000.00 balance, Schindler argued that LEWIS breached the contract because they failed to fully perform the exact terms of the contract.
I low will the Court rule ? Why? Please discuss and explain what analysis the court will employ to decide if LEWIS has substantially performed the contract.
B) 10 Pts When Chris was 18, his father Peter told Chris "I promise to give you $5,000.00 if you don't smoke until you are 21 years old". Chris agreed, and they put the agreement in writing. With the support of Meg and Brian. Chris managed to stay smoke free. At his 21st birthday party, after a few beers, Chris tried to collect from Peter, who refused to pay.
If Chris were to sue Peter, on what legal theory of recovery would he most likely sue? Discuss the concept of Contract Consideration. Would Chris win ?