How Contracts Are Assigned to Third Parties Discussion
Order ID 53563633773 Type Essay Writer Level Masters Style APA Sources/References 4 Perfect Number of Pages to Order 5-10 Pages Description/Paper Instructions
How Contracts Are Assigned to Third Parties Discussion
Weekly Learning Objectives: • Learner will evaluate how contracts are assigned to third parties. • Learner will explain the remedies following a breach of contract.
Using the Blog Rubric listed below for the specific grading criteria, complete the following: Read through the excerpts from the decision of the Michigan Court of Appeals in Able Demolition v. City of Pontiac. (ATTCHED) After reading and thinking about the Court’s decision, answer the following questions: • In your opinion, was the result reached by the courts “fair” in this case? Would you have ruled the same way as the trial judge and the appellate courts in this case? Why or why not? Explain your answers thoroughly. • How do you think Able got itself in this mess? Do you think it just ignored the requirements of the contract, or was something else at play? If you think something other than ignorance must have been involved, what was it?
- Create a blog by using the LEGL710 – Weeks 3, 5 & 7 Blog Assignment document.
- Post your entry to the blog you created that addresses the information above.
- Reply to student reponse below
Support your thoughts using a minimum of two academic, peer-reviewed sources (outside the textbook). Websites such as Wikipedia, LegalZoom, LegalMatch, Nolo, etc. do NOT count as academic sources. A good place to start is the Davenport University Library. Substantial blog entries should contain at least 1200 words.
Please follow rubric
STUDENT YOU HAVE TO RESPOND TO MUST BE 350 WORDS
Able Demolition v. City of Pontiac
In your opinion, was the result reached by the courts “fair” in this case? Would you have ruled the same way as the trial judge and the appellate courts in this case? Why or why not? Explain your answers thoroughly.
In my opinion the result reached by the court in this case was fair. I would have certainly ruled the same way as the trial judge and the appellate court in this case. Abel and the city of Pontiac had an agreement that outlined the procedure for the demolition of houses. The process was clearly laid out with all the specifications that had to be followed, from prior to starting the demolition to the collection of payments, which were to be released by the city to the contractor.
Abel violated the terms of the contract by not following the terms specified in the contract. According to the contract, the contractor in this case, Abel, was supposed to clear the demolition with the city before proceeding. The letters did just that. The letters of authorization from the city before beginning the demolition of each house would also provide Able with proof, that was required to be submitted at the time payment to the appropriate city official for collection. The breach of contract was done by Abel in this case and not the city of Pontiac. According to The University of New Mexico (n.d.) “A breach of contract is a failure, without legal excuse, to perform any promise that forms all or part of the contract”. Abel admits to the fact that it did not get the authorization letters from the city for eleven houses before beginning demolition. The outstanding balance that is being claimed by Abel is $42,299 from the city for these eleven houses which are in question.
The unjust enrichment or quantum meruit does not support Abel’s case since the contract was not followed and the consequences of not getting the letter were part of the language that was clearly defined. According to Cornell Law School (n.d.) “Within contract law, promissory estoppel refers to the doctrine that a party may recover on the basis of a promise made when the party’s reliance on that promise was reasonable, and the party attempting to recover detrimentally relied on the promise”. The promissory estoppel does not apply in this case because Abel was in fact the party that failed to follow the contract and the city of Pontiac followed the contract.
The contract also stated, if the letter of authorization is not provided by the contractor to the city at time of collection, there will be no payment issued to the contractor. The city of Pontiac put the clause of the letter of authorization in the contract to make sure the property owners rights were not violated. In the case of a property owner obtaining a last-minute temporary restraining order to prevent demolition of the building, the letter was a safeguard, to ensure in a way of checking to make sure no such action has been taken by the property owner. The authorization letter from the city is an essential term in the contract and not obtaining the letter can have serious implications.
How do you think Able got itself in this mess? Do you think it just ignored the requirements of the contract, or was something else at play? If you think something other than ignorance must have been involved, what was it?
I think Able failed to understand the importance of obtaining the letter of authorization. Clearly, Able was trying to monetize quickly without following policies and procedures. Only Able can answer for certain what the motive was. Perhaps the contractor thought it would take time to get the letter for each house and that may cause delays, or maybe more workers needed to be paid for more hours and costs needed to be reduced. In any case, Able was irresponsible. Able also failed to understand the consequences of the liability that it was opening up for the city of Pontiac and itself by not getting the letter of authorization. For example, all eleven of those houses could have obtained a last-minute restraining order to prevent demolition of the building. That would be a violation of the citizens of Pontiac’s property rights.
In conclusion, I agree with the result that was reached by the courts and I would have ruled in the same way as the trial judge and the appellate courts in this case. The written contract had to be followed by Abel to be able to collect payments for demolition. The letter of authorization should have been received prior to starting the demolition of each of these eleven houses in question. By not collecting the letter of authorization, Abel was not only not following the contract but also the citizens’ rights of the property owners could have been violated if the property owners obtained a last-minute temporary restraining order to prevent demolition of the building. The contactor also put the city of Pontiac at risk for potential liability.
RUBRIC
QUALITY OF RESPONSE NO RESPONSE POOR / UNSATISFACTORY SATISFACTORY GOOD EXCELLENT Content (worth a maximum of 50% of the total points) Zero points: Student failed to submit the final paper. 20 points out of 50: The essay illustrates poor understanding of the relevant material by failing to address or incorrectly addressing the relevant content; failing to identify or inaccurately explaining/defining key concepts/ideas; ignoring or incorrectly explaining key points/claims and the reasoning behind them; and/or incorrectly or inappropriately using terminology; and elements of the response are lacking. 30 points out of 50: The essay illustrates a rudimentary understanding of the relevant material by mentioning but not full explaining the relevant content; identifying some of the key concepts/ideas though failing to fully or accurately explain many of them; using terminology, though sometimes inaccurately or inappropriately; and/or incorporating some key claims/points but failing to explain the reasoning behind them or doing so inaccurately. Elements of the required response may also be lacking. 40 points out of 50: The essay illustrates solid understanding of the relevant material by correctly addressing most of the relevant content; identifying and explaining most of the key concepts/ideas; using correct terminology; explaining the reasoning behind most of the key points/claims; and/or where necessary or useful, substantiating some points with accurate examples. The answer is complete. 50 points: The essay illustrates exemplary understanding of the relevant material by thoroughly and correctly addressing the relevant content; identifying and explaining all of the key concepts/ideas; using correct terminology explaining the reasoning behind key points/claims and substantiating, as necessary/useful, points with several accurate and illuminating examples. No aspects of the required answer are missing. Use of Sources (worth a maximum of 20% of the total points). Zero points: Student failed to include citations and/or references. Or the student failed to submit a final paper. 5 out 20 points: Sources are seldom cited to support statements and/or format of citations are not recognizable as APA 6th Edition format. There are major errors in the formation of the references and citations. And/or there is a major reliance on highly questionable. The Student fails to provide an adequate synthesis of research collected for the paper. 10 out 20 points: References to scholarly sources are occasionally given; many statements seem unsubstantiated. Frequent errors in APA 6th Edition format, leaving the reader confused about the source of the information. There are significant errors of the formation in the references and citations. And/or there is a significant use of highly questionable sources. 15 out 20 points: Credible Scholarly sources are used effectively support claims and are, for the most part, clear and fairly represented. APA 6th Edition is used with only a few minor errors. There are minor errors in reference and/or citations. And/or there is some use of questionable sources. 20 points: Credible scholarly sources are used to give compelling evidence to support claims and are clearly and fairly represented. APA 6th Edition format is used accurately and consistently. The student uses above the maximum required references in the development of the assignment. Grammar (worth maximum of 20% of total points) Zero points: Student failed to submit the final paper. 5 points out of 20: The paper does not communicate ideas/points clearly due to inappropriate use of terminology and vague language; thoughts and sentences are disjointed or incomprehensible; organization lacking; and/or numerous grammatical, spelling/punctuation errors 10 points out 20: The paper is often unclear and difficult to follow due to some inappropriate terminology and/or vague language; ideas may be fragmented, wandering and/or repetitive; poor organization; and/or some grammatical, spelling, punctuation errors 15 points out of 20: The paper is mostly clear as a result of appropriate use of terminology and minimal vagueness; no tangents and no repetition; fairly good organization; almost perfect grammar, spelling, punctuation, and word usage. 20 points: The paper is clear, concise, and a pleasure to read as a result of appropriate and precise use of terminology; total coherence of thoughts and presentation and logical organization; and the essay is error free. Structure of the Paper (worth 10% of total points) Zero points: Student failed to submit the final paper. 3 points out of 10: Student needs to develop better formatting skills. The paper omits significant structural elements required for and APA 6th edition paper. Formatting of the paper has major flaws. The paper does not conform to APA 6th edition requirements whatsoever. 5 points out of 10: Appearance of final paper demonstrates the student’s limited ability to format the paper. There are significant errors in formatting and/or the total omission of major components of an APA 6th edition paper. They can include the omission of the cover page, abstract, and page numbers. Additionally the page has major formatting issues with spacing or paragraph formation. Font size might not conform to size requirements. The student also significantly writes too large or too short of and paper 7 points out of 10: Research paper presents an above-average use of formatting skills. The paper has slight errors within the paper. This can include small errors or omissions with the cover page, abstract, page number, and headers. There could be also slight formatting issues with the document spacing or the font Additionally the paper might slightly exceed or undershoot the specific number of required written pages for the assignment. 10 points: Student provides a high-caliber, formatted paper. This includes an APA 6th edition cover page, abstract, page number, headers and is double spaced in 12’ Times Roman Font. Additionally, the paper conforms to the specific number of required written pages and neither goes over or under the specified length of the paper. GET THIS PROJECT NOW BY CLICKING ON THIS LINK TO PLACE THE ORDER
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