Intra office memo (1)

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Bryant & Stratton College *

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110

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Law

Date

Jan 9, 2024

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docx

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Uploaded by JusticeSteel12842

MEMORANDUM To: Diane Jackson, Managing Partner From: Desrae Sears Date: 11/29/2023 Subject: Contract Dispute between James Clements and Brad Raymore I am writing to provide you with a summary of the contract dispute between James Clements and Brad Raymore regarding a bathroom renovation project. Additionally, I will discuss the legal implications of using electronic contracts through DocuSign™, identify possible breaches of the contract, and suggest appropriate remedies for the situation. Summary: James Clements hired Brad Raymore as a contractor for his bathroom renovation project. The two parties entered into a signed, written contract using DocuSign™. The initial contract stipulated a total cost of $13,000 and projected completion within 6-8 weeks. However, Brad failed to show up on the start day but began working the following day after receiving an upfront payment of $3,000 from James. Throughout the project, Brad took multiple unexplained absences and requested an additional $5,000 due to rising construction material prices. He also claimed that he needed an extra 12 weeks to complete the work and substitute materials since the original ones were backordered. Despite James insisting that Brad fulfill the project as outlined in the signed contract, Brad refused to comply. eContracts: The Electronic Signatures in Global and International Commerce Act (ESIGN Act) validates electronic signatures on contracts. Similarly, the Uniform Electronic Transaction Act (UETA) recognizes electronic signatures' legality on contracts. Based on these acts, it is likely that signatures provided through DocuSign™ would be considered valid signatures on a contract. Breaches: In this case, there are potential major and minor breaches of the contract's terms. A major breach refers to significant violations that go to the core of the agreement and allow injured parties to terminate the contract and seek damages. In this scenario, Brad's failure to adhere to the agreed- upon schedule and his continuous unexplained absences can be considered major breaches. On the other hand, a minor breach is relatively small infractions that do not significantly impact the overall purpose of the contract but may entitle injured parties to minor remedies or adjustments. Brad's request for additional money due to rising material prices without prior agreement could be considered a minor breach. Remedies: In contract disputes, there are various remedies available to address breaches. Monetary damages

involve compensating the injured party for financial losses incurred due to contract breaches. Punitive damages aim to punish one party for particularly egregious behavior beyond normal contractual disputes. Rescission allows parties to cancel the contract and return to their pre- contract positions. Specific performance requires one party to fulfill their obligations as outlined in the contract. Considering the facts presented, appropriate remedies could include monetary damages for James' financial losses and specific performance by Brad to complete the project as initially agreed upon. Recommendations: While litigation against Brad may help James achieve his goal of completing the bathroom renovation, it should be carefully considered due to time and costs involved. Alternative options could involve finding a replacement contractor or renegotiating terms with Brad to address delays and additional costs while still achieving completion. References (Bluebook format): 1. Electronic Signatures in Global and International Commerce Act (ESIGN Act), 15 U.S.C. § 7001 et seq. (2000). 2. Uniform Electronic Transaction Act (UETA), 7A Pt. I U.L.A. 211 et seq. (1999). 3. Restatement (Second) of Contracts § 241 cmt. a (Am. Law Inst. 1981).

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