Case summary: Company F contracted with company RB to install an awning system for outdoor seating coverage area. RB was disappointed with the execution of the work but did not gave any time to F to improve the error in the execution of the work. After two months of usage, the awning system was removed for the replacement of building’s siding and some defects were found in the welds. Both the parties differed in their opinion on damaged welds. RB paid F only
To find: The right of RB to rescind the contract and obtain the paid price.
Case summary: F contracted with RB to install an awning system for outdoor seating coverage area. RB was disappointed with the execution of the work but did not gave any time to F to improve the error in the execution of the work. After two months of usage, the awning system was removed for the replacement of building’s siding and some defects were found in the welds. Both the parties differed in their opinion on damaged welds. RB paid F only
To find: F’s right to recover the differences between the paid and the contracted price.
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Chapter 14 Solutions
EBK THE LEGAL ENVIRONMENT OF BUSINESS:
- National-Southwire Aluminum Company (NSA) owns and operates a plant that emits fluoride. When its wet scrubbers were turned off as part of its regular maintenance program, NSA discovered no appreciable change in ambient fluoride levels. Because of the expense of operating the scrubbers and its belief that using the scrubbers did not significantly affect ambient fluoride levels, NSA desired to turn the scrubbers off permanently. Accordingly, NSA sought a determination from the Environmental Protection Agency (EPA) that turning off the scrubbers would not constitute a modification requiring the application of new source performance standards to the plant. Turning off the scrubbers would result in an increase of more than 1,100 tons per year of fluoride emissions with no decrease in the emission of any other pollutant. This increase was nearly four hundred times the level the EPA had established as inconsequential. The EPA determined that turning off the scrubbers would constitute a “new…arrow_forwardJohn Campbell, an employee of Manhattan Construction Company, claims to have injured his back as a result of a fall while repairing the roof at one of the Eastview apartment buildings. He filed a lawsuit against Doug Reynolds, the owner of Eastview Apartments, asking for damages of $1,500,000. John claims that the roof had rotten sections and that his fall could have been prevented if Mr. Reynolds had told Manhattan Construction about the problem. Mr. Reynolds notified his insurance company, Allied Insurance, of the lawsuit. Allied must defend Mr. Reynolds and decide what action to take regarding the lawsuit.Some depositions and a series of discussions took place between both sides. As a result, John Campbell offered to accept a settlement of $750,000. Thus, one option is for Allied to pay John $750,000 to settle the claim. Allied is also considering making John a counteroffer of $400,000 in the hope that he will accept a lesser amount to avoid the time and cost of going to trial.…arrow_forwardIn employment establishments, an employee may be different from an independent contractor. By reference to case law, explain the tests used by courts to distinguish an employee from an independent contractor.arrow_forward
- Tube Art was involved in moving a reader board sign to a new location. Tube Art’s service manager and another employee went to the proposed site and took photographs and measurements. Later, a Tube Art employee laid out the exact size and location for the excavation by marking a four-by-four-foot-square on the asphalt surface with yellow paint. The dimensions of the hole, including its depth of six feet, were indicated with spray paint inside the square. After the layout was painted on the asphalt, Tube Art engaged a backhoe operator, Richard F. Redford, to dig the hole. Redford began digging in the early evening hours at the location designated by Tube Art. At approximately 9:30 P.M., the bucket of Redford’s backhoe struck a small natural gas pipeline. After examining the pipe and finding no indication of a break or leak, he concluded that the line was not in use and left the site. Shortly before 2:00 A.M. on the following day, an explosion and fire occurred in the building serviced…arrow_forwardReaction to discussion below: In Melodee Lane Lingerie Co. v. ADT Co., the service contract's limitation of liability clause was lawful and enforceable. The equal parties freely entered the contract with knowledge of the potential risks, they should be bound by the agreement, including the limitation of liability clause that was clearly stated in the contract. As long as the contract and the clauses within it are clear, unambiguous, and negotiated between two equal parties, it will most likely hold in court as valid. These clauses divide the risk of loss among the parties and can limit one party's possible liability in the event of a breach even if it’s due to negligence. However, it is important to balance the competing policy interests at play. Although this opinion highlights freedom of contract and efficient risk allocation, it may also have the unintended effect of reducing incentives for companies to act responsibly and ensure the proper functioning of their services. As such,…arrow_forwardAnalyze the legal principles and remedies available in cases of contract breach. Discuss anticipatory repudiation, material breach, and the concept of substantial performance. Explain the potential remedies available to non-breaching parties.arrow_forward
- Martha Simms is the plaintiff in a contract suit she has brought against Floral Supply, Inc., for its failure to deliver the green sponge Martha needed in building the floral designs she sells to exclusive home decorators. Martha had to obtain the sponge from another supplier and was late on seven deliveries. One of Martha’s customers has been called by Martha’s lawyer as a witness and is now on the witness stand, testifying about Martha’s late performance and the penalty she charged. The lawyer for Floral Supply knows that Martha’s customer frequently waives penalties for good suppliers. Provide a paragraph with more than five sentences (i.e., in the section for “Purport”) that interprets the theme of the case, based on conceptsarrow_forwardJack Tupp contracts to work for Iona Carr Autohaus during February for $1,800. On January 17, Iona Carr Autohaus wrongfully cancels the contract. Jack Tupp refuses to accept a similar job with another car dealership which would have paid him $1,650. If Jack Tupp sues Iona Carr Autohaus, how much in damages would he most likely recover?arrow_forwardDiscuss 6 main remedies for breach of contract.arrow_forward
- A contract contained a clause requiring arbitration of disputes. During progress of the work, a serious fire occurred. The owner and contractor could not agree upon the size of, and responsibility for, the resultant damages; therefore, the owner brought suit against the contractor. Is this proper procedure? Will the court be likely to hear the case?arrow_forwardArtist James Daugherty painted six murals on the walls of the public high school in Stamford, Connecticut. Many years later, the city began to restore its high school. The architect and school officials agreed that the Daugherty murals should be preserved. They arranged for the construction workers to remove the murals to prevent harm. By accident, the workers rolled them up and placed them near the trash dumpsters for disposal. A student found the murals and took them home, and later notified the federal government’s General Services Administration (GSA) of his find. The GSA arranged to transport the murals to an art restorer, named Hiram Hoelzer, for storage and eventual restoration, when funds could be arranged. Over 19 years went by before anyone notified the Stamford School system where the murals were. In the meantime, neither the GSA nor anyone else paid Hoelzer for the storage or restoration. By 1989 the murals were valued at $1.25 million by Sotheby’s, an art auction house.…arrow_forwardDiscuss six main remedies for breach of contract and provide an example for each.arrow_forward
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