Should Trade Wars Discharge Parties From Performing Their Contractual Obligations?
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
Question 1
Should Trade Wars Discharge Parties from Performing Their Contractual Obligations?
If a contract is impractical to perform, the parties to the contract are discharged from performing, meaning that they have no further obligation under the contract. A court will discharge performance under a theory of impracticability when something unforeseen happens, after the parties enter into the contract, that makes the performance of the contract unreasonably difficult or expensive.
Hypothetical Example: On November 1st, Curtis Condos contracts with Refrigerators R Us to supply and install 100 refrigerators in Curtis Condos’ new 100 unit condo building. In exchange, Curtis Condos will pay Refrigerators R Us $120,000. On November 14th, the U.S. government imposes a 30% increase on tariffs imposed on appliances delivered by China to the U.S. As a result of the tariffs, it will now cost Refrigerators R Us $30,000 more to perform its obligation under the contract.
In your opinion, should the parties to this contract be discharged from performing on the basis of impracticability? Why or why not?
Question 2
When is a contract unconscionable?
Review this week’s assigned reading and print lecture regarding unconscionability, and consider the following scenario:
Gil sells Jury a refrigerator on credit. Jury speaks little English and the purchase contract, including the provisions regarding future installment payments, are printed in English. Gil makes no attempt to translate or explain the contract. In fact, he tells Jury that he is giving him the refrigerator practically for free because Gil earns a bonus of $100 for each refrigerator he sells.
Do you think a court would enforce the contract? Why or why not?
Question 2
Sydney lives in Los Angeles. She received an amazing job offer to move to New York City, so she is heading to the Big Apple. Sydney puts her home on the market to sell.
On April 1st, Beatrice the Buyer enters into a contract with Sydney the Seller to buy Sydney’s house. The escrow period is set to close April 30th and Beatrice is set to receive the keys to her new home on April 30th. The house is perfect for Beatrice because it is located right next door to the home of Beatrice’s elderly mother. In looking for a new home, proximity to her mother’s home was Beatrice’s top priority. Beatrice looks forward to being able to easily check on her mom daily.
On April 5th, Beatrice spends $10,000 to have Sydney’s home professionally inspected. On April 10th, Beatrice hires a moving/storage company for $10,000 and the company begins to pack up Beatrice’s current house (which is being sold).
Unfortunately, Sydney learns the job offer in New York fell through.
On April 25th, Sydney backs out of the contract with Beatrice– Sydney now wants to keep her house.
- Can Beatrice sue Sydney for breach of contract, requesting the remedy of specific relief– a court order requiring Sydney to honor the contract and sell the house to to Beatrice? What is Beatrice’s best argument for specific relief? [5 points]
Please write your answer in the text box provided.
- Instead of requesting specific relief, Beatrice sues Sydney for breach of contract requesting monetary relief (compensatory damages). What are Beatrice’s best arguments for monetary relief? [5 points]
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. The 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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