Is Peter Liable Pay Loss Suffered By Wendy?

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.)

Tiller Construction Corporation entered into two contracts with Nadler, the CEO of Glenmar, where Tiller would do “the work” for Nadler at Westridge for $637,000 and the other for Tiller to do “the work” for Nadler at Cranberry for $688,800. Nadler agreed to be personally liable to Tiller for the payment of both contracts. When the job was done, Nadler refused to pay the remaining balance of $229,799.46 for the Cranberry project and a remaining balance of $264,273.85 for the Westridge project. So Tiller sued Nadler for the amount owed, plus interest, costs, and attorney’s fees.

Have you ever been done wrong? Have you ever been done wrong under a contract and faced sufficient damages causing a loss? Chapter 18 focuses on contract remedies, and how damages to a party are compensated. When a party breaches a contract, under the law the court can give the injured party an equivalent of what the promised performance would have rewarded. The two cases I chose to discuss are the Arrowhead School District No. 75, Park County, Montana v. James A. Klyap, Jr. case and the Parker v. Twentieth Century-Fox Film Corp. case. Both of these cases provide us with a very good explanation of different types of damages, and how the court came to a conclusion based off of the different scenarios. Throughout the remainder of this article, it will briefly discuss the details of each case, the similarities and differences among them, and how your business clients can use these cases to strategically prevent future legal issues of similar nature.

g. On December 31, 2012, the company completed the work on a contract for an out-of-province company for $7,900 payable by the customer within 30 days. No cash has been collected and no journal entry has been made for this transaction.

NOW, THEREFORE, in consideration of the mutual promises herein set forth and subject to the terms and conditions hereof, the parties agree as follows:

this case could be an tricky in the court, because in the contract they only

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.

and injuring the Plaintiff with no warning, breaching the reasonably established agreement how the Plaintiff was to help only with Transporting of said Household items, with the Plaintiff’s Truck and Trailer only. Defendant Benny Hans Sorensen’s Negligent instructions and the Defendant Gaden Griffin’s Negligent Actions caused the Plaintiff’s Permanent Damages, adding injury to the Plaintiff’s existing Disability, with no care and lack of consideration of Plaintiff’s injury, especially immediately after the Plaintiff’s injury while the Plaintiff was moaning and complaining about how heavy the said 330 lbs Appliance was and walking in circles and holding his back, neck, and shoulder. The Defendants’ gross actions and negligent actions

In 2011, Alfredo Ramos (Ramos) purchased a used car from Pena’s Motors in Brentwood, California. The negotiations of the sale were conducted in Spanish (Ramos’ native language). In consummating the sale, Ramos signed a Conditional Sales Contract and Security Agreement (contract) in English; however, Ramos was given a copy of the contract in Spanish, as well. Ramos also elected to purchase a GAP insurance policy that would pay the difference between the cash value of the vehicle and the remaining balance owed (on the car) in the event the vehicle was totaled. Ramos was not provided a copy of this GAP policy in Spanish, only English. Both the contract and GAP policy were later assigned to the defendant, Westlake Services, LLC (Westlake).

In the Final Paper (Case Study) it speaks to the following case and circumstances. Knarles and Barkley are father and son respectively. Barkley is seventeen years old. They operate a facilities maintenance company that regularly does business in the District of Columbia, Maryland and Virginia. The company is based in Maryland. They have a number of contracts with building owners where they have agreed to provide building maintenance to both residential and commercial buildings within the three jurisdictions already mentioned. They receive a monthly payment of $2,000 to $4,000 depending upon the size of the building. They bill the owners for any equipment of a substantial nature that has to be replaced.

The contractor, upon the breach of his obligations, he caused some damages to the owner and he should be exposed to forfeiture.

The victim, Ms. Angelica Latta contacted this Agent Thomas-Alford, in reference to the Subject owing her restitution. Ms. Latta complained she has not received a payment of restitution in the amount $166.00 that was due in January. It was explained, that the Subject will be instructed to pay a make a payment, immediately. Ms. Latta also advised that the Subject makes an income by tattooing.

The Plaintiff, a mechanic, provided his professional services to a client, SCI, who banked with The Bank of Babylon, as payment for services rendered and release of the “mechanic lien” placed on their tractor trailer, SCI issued the

While driving Curtis Campbell the defendant, chose to pass six vans on a two-lane highway. Another driver was Todd Ospital, who was approaching from the other side. Moreover, to avoid a head on collision with the defendant, Ospital swerved over into the shoulder of the highway lost control of his vehicle and crashed in to driver Robert Slusher. In result Ospital was killed, and Slusher was permanently disabled, meanwhile the Campbell’s escape without a scratch. Being charged for wrongful death the defendant believed he was not at fault, however evidence differed his claim. The Campbell’s insurance company decided to deny the offer made by Slusher & Ospital estate for a settlement of “50,000 ($25,000 per claimant)”. (Oyez) Which lead the defendant to be found completely at fault, and judgment went back up to up to $185,849.( Cornell Law). Three years later the defendant, Slusher, and made an agreement that they would not speak against Mr. Campbell; and in exchange the defendant would sue the insurance

NOW THEREFORE, in consideration of the promises contained herein, intending to be legally bound hereby, the Parties agree as follows: