Harriet, Harriet And Super Suckers Ltd

15–1. Liquidated Damages. Carnack contracts to sell his house and lot to Willard for $100,000. The terms of the contract call for Willard to make a deposit of 10 percent of the purchase price as a down payment. The terms further stipulate that if the buyer breaches the contract, Carnack will retain the deposit as liquidated damages. Willard makes the deposit, but because her expected financing of the $90,000 balance falls through, she breaches the contract. Two weeks later, Carnack sells the house and lot to Balkova for $105,000. Willard demands her $10,000 back, but Carnack refuses, claiming that Willard’s breach and the contract terms entitle him to keep the deposit. Discuss who is correct. (See Damages.)

Robert Chuckrow Construction Company (Chuckrow) was employed as the general contractor to build a Kinney Shoe Store. Chuckrow employed Ralph Gough to perform the carpentry work on the store. The contract with Gough stipulated that he was to provide all labor, materials, tools, equipment, scaffolding, and other items necessary to complete the carpentry work. Gough’s employees erected 38 trusses at the job site. The next day, 32 of the trusses fell off the building. The reason for the trusses having fallen was unexplained, and evidence showed that it was not due to Chuckrow’s fault or a deficiency in the building plans. Chuckrow told Gough that he would pay him to reerect the trusses and continue work. When the job was complete, Chuckrow paid Gough the original contract price but refused to pay him for the additional cost of reerecting the trusses. Gough sued Chuckrow for this expense. Can Gough recover?

36. Principle of Law: The transaction between Browne and Houlihan was just under negotiation process and not form the contract. Browne did not acknowledge Houlihan’s e-mail and did not reply to accept Houlihan’s request, so he sold the television set to another. Houlihan then purchased a new set more expensive than Browne’s set. Both of them didn’t break the contract because there’s no contract between them. Therefore Houlihan had no legal basis to sue Browne for $1,000.

Gregory, a comedy writer, entered into a contract with Wessel, a comedian. The contract provided that Gregory would provide Wessel with a 15 minute monologue for his upcoming appearance on the comedy Hour and that Wessel would pay Gregory $250. All Performers on the comedy Hour make $500 per appearance. As Gregory knows, the last time Wessel appeared on the Comedy Hour he was asked to make special guest appearances at three local comedy clubs using the same monologue. Wessel earned a total of $750 for the three performances. Shortly before Wessel was scheduled to appear on the comedy Hour, Gregory informed Wessel that he was unable to provide the monologue. As a result, Wessel was forced to cancel his appearance. Wessel sued for breach of contract and requested damages of $1,250. What will result? Issue, -

In Austral Standard Cables Pty Ltd v Walker, the court found that if the purchaser had not stated that they would not complete due to financial difficultly prior to the settlement, the vendor would be ready, able and willing to complete. Therefore the vendor’s failure to

A dealer sold a new car to Raymond Smith. The sales contract contained language expressly disclaiming liability for personal injuries caused as a result of defects in the car and limiting the remedy for breach of warranty to repair or replacement of the defective part. One month after purchasing the auto, Smith was seriously injured when the car veered off the road and into a ditch as a result of a defect in the steering mechanism of the car.

Upon notice of the accident, Avey apologized profusely and offered to pay the cost of cleaning the spilled paint. (Orig. Pet. 3). However, Plaintiffs refused and found their own paint removal specialist who “bleached out” some of the tile. (Id.). The roof is slightly discolored, but no one driving by would notice the discoloration. (Def.’s Dep. 1). Additionally, Plaintiffs hired Coolright, Inc. to take off the exterior shell of the AC unit, sand the surface, and repaint it. (Orig. Pet. 4). Coolright determined that this was all that was needed to remove the paint. (Id.). In the process of removing the exterior shell, Coolright damaged the condensing coils. (Id.).

From the beginning of this litigation, Appellant has argued that his Property was damaged by Respondent’s negligence and that he is entitled to compensation for this damage to his Property.

In Greenman V. Yuba Power, the plaintiff was injured while using a power tool called the Shopsmith that was given to him as a gift from his wife in 1955. In 1957, while using the tool, the piece of wood he had been working without difficulty suddenly flew out and struck him on the head causing injuries. Ten and a half months later, he gave the retailer and manufacturer written notice of the claimed breaches of warranties and filed a complaint against them both alleging such breaches and negligence. After a trial before the jury, the court ruled there was no evidence that the retailer was negligent or breached an express warranty and that the manufacturer was not liable for the breach of any implied. The jury returned a verdict for the retailer

Cari Connell leased an apartment from Maryland Arms and experienced a fire due to a hair dryer that was plugged in by Ms. Connell. Maryland Arms repaired the apartment and sent a bill to Ms. Connell for a total of 8,533.81. Ms. Connell did not pay and was evicted and taken to court by Maryland Arms. Ms. Connell argued that the fire was accidental in nature and not by negligence which neither the lease nor Wisconsin permitted claims for damages when they are not caused by negligence by tenant. Maryland Arms voiced Ms. Connell was liable due to the leases liability paragraph.

Section 13 of the Sale of Goods Act 1895 (WA) provides that where there is a contract for the sale of goods by description, there is an implied condition that the goods correspond with that description. Section 14 provides that where a buyer expressly or implied informs the seller the purpose the goods are required for, to show that the buyer relies on the seller’s skill, judgement or information that is in the course of the seller’s business to supply, there is an implied condition that the goods be reasonably fit for that purpose. The manager described the solar panels to Steve prior to purchase as being suitable

1. Nothing in this Agreement will reduce your statutory rights relating to faulty or misdescribed goods. For further information about your statutory rights contact your local authority Trading Standards Department or Citizens’ Advice Bureau.

Firstly, there is no express terms, which is expressly stated or written down to breach. To retrieve Kati’s loss from the shopping Centre, she need to provide that Eastfield shopping Centre already breach the contract. In the contract law, there are two ways to implied the due care terms. Kati can apply that the due care term give business efficacy to the contract, and the contract will be no effective if without it, see BP Refinery (Westernport)

The defendant Roffey Bros in September 1985 had contracted with Shepherds Bush Housing Association Ltd to refurbish 27 flats in London. There was a penalty cost for late completion according to the contract. As the main contractor, the defendant subcontracted necessary carpentry work to the plaintiff Mr Lester Williams for an agreed price of £20,000. The defendant had made interim payments of £16,200 by 9 April 1989 when the plaintiff completed the carpentry work for nine flats. However, the agreed price was under-quoted and was too low for the plaintiff to operate satisfactorily and at a profit. They then got into financial difficulty by the end of March 1986. Due to the reasons that the defendant worried lest the plaintiff did

case he or she may be held responsible for the reasonable value of what was