Case #3: Great Homes Group v. Best Advertising, Inc. Great Homes Group contracted with Best Advertising to run advertisements in the Miami Herald newspaper. The contract required Great Homes to designate the size of each ad and stated that Best Advertising would print them and “bill for the exact space published.” The agreement also permitted Best to “revise, alter, or reject any advertisement for any reason, but no change in advertising copy will be made without the customer’s prior consent.” After three years, Great Homes Group brought suit against Best for breach of contract, because the printed ads were 10% smaller than the copy Great had submitted. Analyze whether Great Homes Group has a valid claim for breach of contract or whether Best Advertising, Inc. substantially performed. Assume that Best Advertising, when it submitted the ads, was told by the Miami Herald newspaper that the documentation was too large for publication and would need to be reduced by 10% to fit the page. What should Best have done at this time? Why? What is the business lesson to be learned?

Case #3: Great Homes Group v. Best Advertising, Inc. Great Homes Group contracted with Best Advertising to run advertisements in the Miami Herald newspaper. The contract required Great Homes to designate the size of each ad and stated that Best Advertising would print them and “bill for the exact space published.” The agreement also permitted Best to “revise, alter, or reject any advertisement for any reason, but no change in advertising copy will be made without the customer’s prior consent.” After three years, Great Homes Group brought suit against Best for breach of contract, because the printed ads were 10% smaller than the copy Great had submitted. Analyze whether Great Homes Group has a valid claim for breach of contract or whether Best Advertising, Inc. substantially performed. Assume that Best Advertising, when it submitted the ads, was told by the Miami Herald newspaper that the documentation was too large for publication and would need to be reduced by 10% to fit the page. What should Best have done at this time? Why? What is the business lesson to be learned?

Similar questions

Assume an agent is given authority by the principal to sell a property. The principal only states that the agent may sell the property and the agent is given no further instructions. The agent reasonably believes that it will be necessary to perform $10,000 worth of improvements on the property in order to sell it. Therefore, the agent contracts to have these improvements made. He/she then sells the property. The principal believes that the improvements were not authorized and refuses to reimburse the agent for the expenses associated with the sale. Discuss the rights and liabilities of the principal and agent. Should the principal be forced to reimburse the agent? If the principal continues to refuse to reimburse the agent, what action may be taken by the agent? If the parties were to engage in a lawsuit, who would win? Why? If the answer depends on information not provided in the scenario, specify what further information one would need to render a firm opinion.
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Greg, a consumer in Tennessee, sent a purchase order to Campbell Manufacturing, a U.S. company, for a 4000 PSI gas pressure washer valued at $1275. Greg needed a new pressure washer for his part time business of washing houses. The order did not specify how disputes between the parties would be settled. Campbell returned a definite, unconditional acceptance that contained one additional term which stated that disputes must be submitted to arbitration. Greg received the acceptance; however, he never agreed or objected to the additional term. Campbell orally contracted to sell 15 pressure washers to London Painting Company a large commercial painting company in France. Explain the status of the contract between Greg and Campbell. If a contract was formed, did the additional term in the acceptance become part of the contract? Is the contract between Campbell and London legally enforceable? (Additional research outside of the textbook may be necessary).
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1. Life Company processes information furnished by others to transfer title to real estate from a seller to a buyer. In performing this task for a sale of land from Eren to Armin, the furnished information is mistaken. The contract between Eren and Armin that includes the mistake may be rescinded if the mistake concerns a. a detail on which the parties had a true “meeting of the minds.” b. a fact that is important and central to the contract. c. a third party, such as County Title. d. a term in the contract subject to only one reasonable interpretation.
Offer, acceptance, and consideration are necessary elements of A a warranty a representation a contract insurable interest B. D
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