s004 300357960 midterm 2

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School

Douglas College *

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Course

1320

Subject

Law

Date

Jan 9, 2024

Type

docx

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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. -

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