Law Case Assignment Essay

Mr. Potbelly and Mr. Slim Jim are two competent people who voluntarily entered into an agreement for the purchases of the pottery and the home. Mr. Potbelly presented Mr. Slim Jim with the original offers and Mr. Slim Jim counter counter-offered within reason of the asking price. The conversation had between Mr. Potbelly and the other individual should not be grounds for him

Compensatory damages, I learned in class, are the out of pocket loss for injury, such as lack of work, medical bills, etc. This is a very set number in civil cases. Stern claimed the plaintiffs’ real property and personal property losses totaled $11 million. Stern also claimed $50,000 of damages for each plaintiff’s psychic impairment, totaling $64 million for 625 plaintiffs. Stern included psychic impairment as the most important element of their compensatory damage claim. Punitive damages, I learned in class, are a punishment for the defendant for pain and suffering inflicted. It is harder to put a set number to punitive damages. To receive punitive damages, Stern had to prove Pittston’s conduct was more than merely careless or negligent—that it was willful, wanton, or reckless—to punish Pittston and deter them from ever again harming the plaintiffs or others. A West Virginia Ad Hoc Commission of inquiry into the Buffalo Creek Flood found Pittston’s conduct to have been reckless. Therefore, Stern was able to use their findings as a reason to include punitive

As Privy Council held in the case of "Wagon Mound (No 1)" that a party can only be held liable for damage that was reasonably foreseeable, the defendant should not be responsible for losses that are ‘too remote’ from the breach. It is obviously that the university could foresee that Brad have to quit his job to finish the degree and also need to pay for the fees.

money for your damages as well as physical and emotional injuries you may have suffered

1) General Rule – Contract damages should put the π in as good of a position as if the contract was fulfilled.

Held: He was not entitled to commission for the period when he sold other supplier's goods.

10. Dan hires Eve to perform at Dan 's Club, but Eve later breaches the agreement to accept a higher-paying job at First Star Arena. Dan files a suit gainst Eve. The court will most likley: award damages to Dan.

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.)

Bernie lives in Richmond, VA and he decides on February 1 to advertise the sale of his 2006 Ford Fusion for $13,500 in the local newspaper. After several weeks and no offers he gets a call from Vivian on March 1st offering to purchase the car for $12,000. Bernie realizes he may not get any other offers and sets up to meet with Vivian on March 5th to complete the sale transaction.

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?

When a business breaches a contract, serious consequences can occur resulting in damages and losses. An expected service or agreement that is not complied with impacts everyone involved. A breach of contract can reduce earnings while also potentially harming future profits. It also puts a company’s value at risk if it cannot satisfy demands for products or meet deadlines. Often, monetary damages result from breach of contract claims. Claims are most often made by party who met its requirements against the party it alleges has not. Damages involved are typically lost revenues, sales impacts involve claims for lost value, and added costs resulting from the breach. Damages estimates are made using historical information and projections to support a plaintiff’s claim

        Compensatory Damages - Special damages: things with actual cost such as medical expenses. General damages: Include pain and suffering which actually can not be priced.

40. Principle of Law: In this case, Esposito hired Excel Construction Company to repair a porch roof. All terms of the agreement were specified in a written contract. And the dispute occurred when Excel had repaired the rear porch roof because in the agreement failed to specify whether it was the front or rear porch that needed repair. Under civil law, two parties here had signed a civil contract in writing. Because the contract failed to specify clearly front or rear porch roof, Excel completed its obligation and didn’t break the contract.

In this essay, the focus is on whether it is morally objectionable for a person to recover damages from another’s breach of contract that results in a better financial position than they would have been if the breach had not occurred. This is because in deciding whether to preserve the principle in Clark, law-makers would place high regard on the analysis of Clark’s normative outcome. The following points are the key arguments against awarding a sum to a higher pecuniary advantage??? Such as Clark, which can be subsequently rebutted in this analysis with “normative” research.

The mental anguish that he has had to go through and the pain and suffering that he has had to endure are also grounds for compensatory damages. Chapter 12 also covers punitive damages. These damages are fines that the court may impose on the company or individual in an effort them for the neglect. The company will undoubtedly be sued for negligence.