s004 300357960 midterm 2
docx
keyboard_arrow_up
School
Douglas College *
*We aren’t endorsed by this school
Course
1320
Subject
Law
Date
Jan 9, 2024
Type
docx
Pages
4
Uploaded by EarlStrawCaterpillar18
CASE 10
In October 2022, BCIT learned that Barry Tone signed an 12-month performance contract with
Douglas College to lead lunchtime karaoke throughout 2023. BCIT offered Barry a contract for
the same services at the same time, but with a higher salary. Barry signed the contract with
BCIT the following day, and advised Douglas College by mail that he would not perform. Barry
began to have regrets about his decision to break his promise to Douglas College, and in
November, he told BCIT that he would not perform on his contract with them. BCIT sued Barry.
CASE 11
Gretchen entered into a contract with Matt. He paid her $2500, and she promised to edit a
book that Matt was writing. After completing slightly more than half of the job, Gretchen
received an offer to act in a play on Broadway. Since acting had always been her dream, she
pleaded with Matt to let her go to New York without finishing her editing. She also asked if she
could keep the $2500 that she received from him, because she needed a lot of money to move.
Since Matt was fond of Gretchen, he agreed. She then sold all her things, including the
computer she used for her editing, and moved to New York. A week later, when Matt learned
that Gretchen was acting in
Cats
, a Broadway play that he disliked very much, he changed his
mind, and now insists that Gretchin must fulfill the rest of her contractual obligations. Gretchen
refuses to do so.
CASE 12
Emma entered into an oral contract with her uncle Aiden, in which Emma promised to take care
of him for the rest of his life and Aiden promised to leave his house to her under his will. That
house was worth $300 000. Emma performed her end of the bargain by spending $5000 to care
of her uncle before he died. Upon his death, she was disappointed to learn that his will did not
leave the house to her. Emma thought about suing her uncle’s estate for breach of contract.
However, her lawyer explained that such an action will fail because while the contract is valid, it
is also unenforceable. What claim, if any, does Emma have against her uncle’s estate?
_ /10
CASE 10
_ /1
Parties
-
BCIT VS BARRY
_ /2
Issue
-
Whether Barry Tone is legally bound to fulfill his contract with BCIT.
-
Did Barry Tone breach the contract with BCIT?
_ /2
Law
-
Contract Requirements
-
Parties must have intention to create legal relations.
-
Intention is assessed using a reasonable person test.
-
They must reach a mutual agreement through the process of offer and acceptance.
-
They must enter a bargain by each giving consideration.
-
Performance: Fulfillment of contractual obligations.
-
Performance often includes payment of money.
-
General rule – obligations must be exactly performed.
_ /3
Analysis
-
Intention to create legal relationship exists if a reasonable person would believe that the
parties intend to create a legally enforceable agreement.
In this case, Barry tone accepted the offer given by BCIT.
Also, the entered into a bargain as consideration (salary, karaoke services) were
exchanged.
-
Barry tone breached the 12-month contract with BCIT in November.
-
Since, Barry tone entered into a performance contract.
_ /2
Remedy
-
Barry Tone is bound to fulfill the contract.
-
Barry Tone will pay court fees.
-
_/10
CASE 11
_ /1
Parties
-
Matt vs Gretchen
_ /2
Issue
-
Can Gretchen contract be waived off?
-
Is Gretchen still liable?
-
Can matt compel Gretchen to pay?
_ /2
Law
-
Performance: fulfillment of contractual obligations.
-
Doctrine of substantial performance: if obligation is substantially performed.
-
But liable for any benefits you chose to accept after breach.
-
True condition precedent
-
Waiver: abandonment of right to performance.
-
Retraction possible upon notice(unless unfair)
-
Requires clear intent to waive rights.
-
No particular form required
-
Requires reliance by other party
-
Enforceable without consideration or seal
_ /3
Analysis
-
Gretchen completed slightly more than half of the job. Matt completed his contract
paying full $2500. Therefor, contract is partially executed.
-
The agreement to discharge partially executed contract may be unenforceable due to
lack of consideration.
-
Agreement, Gretchen asks to go New York without finishing her editing, could keep the
$2500, which matt agreed.
-
All the requirements of waiver are fulfilled.
-
However, Gretchen is still liable to pay the amount that is owing towards Matt’s
incomplete services. She can only keep the amount for little more than half of the job.
_ /2
Remedy
-
Gretchen pays –
1)
Pay back partial amount due to matt.
2)
Must pay for Matt’s court fees.
Your preview ends here
Eager to read complete document? Join bartleby learn and gain access to the full version
- Access to all documents
- Unlimited textbook solutions
- 24/7 expert homework help
_/10
CASE 12
_ /1
Parties
-
Emma vs Aiden’s estate
_ /2
Issue
-
Is Aidens’s estate liable for the promise of the house to Emma.
-
Can Emma still get the house or its value?
_ /2
Law
-
Unjust Enrichment – independent cause of action.
-
Available only if contract remedy is not available. (unenforceable)
-
3 requirements of unjust enrichment- enrichment to defendant
-
Corresponding deprivation to plaintiff
-
Absence of juristic reason for enrichment.
-
Equitable Relief: traditional distinction of court law.
-
Expectation Damages:
_ /3
Analysis
-
the contract is valid, it is also unenforceable. The only relief possible is Equitable relief.
-
Remedy for unjust enrichment is restitution.
-
As Emma’s uncle promised her the house, in exchange for her services which costed her
$5000.
_ /2
Remedy
-
Emma will receive $5000 and court charges back from Aiden’s Estate.