Contract memorandum Essay example

2. Due to the circumstances of the contract (that it be for sale of land) specific performance will be awarded.

Specific performance. UCC allows buyers to acquire a court order to require the breaching party to complete contract as per negotiated and agreed (Melvin, 2011, p. 198).

If Barney had raised objection to the course of treatment a special proceeding would be necessary. A special proceeding is further review by the court to make sure all the legal steps have been taken and the decisions were based on facts.

An administrative law judge dismissed the complaint on technical grounds in 1998, without specifically addressing the allegations about weak soils." (4) Would a judge be so quick to move the case along if it were a more affluent

The court ruled that State could not sue for equitable indemnity or contribution based on the fact that there was no evidence that Moffatt owed a duty of care or that Moffatt was negligent. The court also determined that there was no contractual relationship between State and Major and that a person or other property was not damaged. Based on the two core findings, all cross complaints made by State are disregarded and State is found to be solely responsible for the damages. Moffatt is also awarded costs on the appeal.

For the Texoil negotiation, I was in the role of the Service Station Owner. As such, my main objective was to sell the station and get the best possible agreement. My BATNA was $400,000, which represented an offer from British Petroleum and my resistance point was $413,000 after tax, which represented the cost of my trip. My target was $488,000, which included an additional $75,000 to help tie me over until I found a job upon my return. This resistance point represents a purely financial alternative. However, there were several other criteria or interests other than strictly financial which could have been satisfied through non-financial means. My underlying interest or reason for selling the station was

Pat was very frustrated because she wanted to purchase a home but lacked the funds or credit to do so even though Pat was expecting shortly to receive a one-half million dollar final installment payment for some land she sold several years earlier. Dan knew that Pat was very interested in purchasing a home and approached Pat with a proposal to assist Pat in buying a home. Dan told Pat that he would help Pat with the financing. After finding the home she wanted to buy for $250,000, Dan and Pat orally agreed that Dan would purchase the home and "when you come up with the money, I (Dan) will sell it to you (Pat) for $250,000 plus a fair commission to be determined."

That check would potentially make Jon and Marsha’s defense just a little stronger and the judge would have a clearer cut case to base their decision on.

Yes, Tim might be successful in court if it can be proven that Jack provided sufficient consideration in the form of a promise to lend Tim the $50,000, and if clear evidence of intent to contract can be determined, as was determined in Todd v Nicol. Both parties provided

In this case there are multiple people whose interests must be taken into account. Bens four co-workers, his boss Mary Jenks, the creditors to whom Ben owes money and Ben himself all hold moral standing. However, while all of Ben’s co-workers hold moral standing he plans to specifically frame Sue Macdonald for the theft which must be taken into account.

Judicial discretion requires the judge to choose between ‘several different, but equally valid, courses of action’. Discretion is ‘the space … between legal rules in which legal actors may exercise choice’. Addressing autonomy and personal opinion, however, it must be acknowledged that judicial decisions should be made with reference to legal standards rather than undirected considerations of fairness. These legal standards include guidelines, principles, comparison to a list of relevant factors, as well as the doctrine of

At the time of the earlier negotiations, SF also had set a purchase requirement, which was that EF’s sales must increase by 20% over the next two months and if this requirement was met, SF would be prepared to

Answer- Jill can ask the court to order the parties to mediation if Jack refuses to go under

The judge needs to remove him self from the case, so he should not be punished under the code of Judicial Conduct. Like in Virginia Code the judge may be questioned.

The impact of Williams v Roffey Bros & Nicholls (Contractors) Ltd [1989] EWCA Civ 5 on the doctrine of consideration.