Memo

Kellerher Funeral Home, Inc. is claiming that a breach of contract has occurred in as much as the work completed by Gonzaga Construction was of sufficiently poor quality as to require rework that cost $4,700. Further, though Kellerher controlled the delays in construction due to his need to continue business operations, he is charging that the lost profit is due to construction delays brought about by Gonazaga's work on the site. The contract language did not stipulate how the interests of the going concern would be balanced against construction project schedule. Indeed, no date of completion was specified in the contract, and a two-week interim between the filing and the commencement of construction is a reasonable period of time for material procurement and arranging for labor. Moreover, the poor workmanship allegation was not communicated during the construction project, leaving Gonzaga with no opportunity to correct any problems with workmanship. For both parties to the contract, it is generally understood that a business contract agreement for services includes some intangibles, such as cooperation, quality of work, reliable communication, experience, and so forth. An essential element in a contract is consideration, which refers to a benefit to the promisor or a detriment to the promise. In other words, consideration is an exchange that is bargained for in the present in return for

The first element of the statute requires Kelley giving written or oral permission for the use of his land. There are some options for him to consider: a sign indicating the nature and availability of the land for use; and/or a news release with media coverage informing the public that the land is available and all associated details. The contracts which Kelley was already planning on using can serve as release forms, which by its self is not sufficient to alert the whole of the public so one or both of the previous options must be utilized.

__F___ A contract to provide lawn and landscaping service for “the next six (6) months” falls within the scope of the statute of frauds, and must be in writing to be enforceable.

Phillippe was contracted by Shapell in 1972 in order to purchase a 78-acre piece of land in the San Diego area. Phillippe was the agent for the landowner. Shapell purchased the property in 1972 and paid Phillippe $153,100 for his services as a broker. Early the next year Phillippe was sought out by Shapell to assist in other purchases. The agreement was oral. Shapell orally promised Phillippe, for Shapell that he would pay him a commission for any land submitted and purchased by Shapell. He also requested that the amount be written.

2. I've added the paragraph (item #3 on Attorney Lee's email) on Paragraph #25 (Special Stipulations) as item #5. Please note that the Seller does not have a survey on the property; therefore, I deleted the word "survey" from this clause.

This task is designed for you to demonstrate your understanding of legal and ethical requirements of property sales to complete agency

If someone, whether in business or personally signs a contract and later realize that they cannot successfully perform under the terms of the contract. If one finds themselves in that position, they can evade a litigation by not breaching the contract. As an alternative of breaching the contract, a business or person can try to modify the contract by changing its terms.

Under ASC 420-10-25-4 requirement, an arrangement for one-time employee termination benefits should meet all the following requirements:

If someone whether in business or personally signs a contract and later realize that they cannot successfully perform under the terms of the contract. If one finds themselves in that position, they can evade a litigation by not breaching the contract. As an alternative of breaching the contract, a business or person can try to modify the contract by changing its terms.

Pepsi-Cola had been around since the late 1800, it was invented by Caleb Bradham, a pharmacist and drug store owner in New Bern, N.C. His invention was sparked from a hot and humid day in N.C., he wanted to invent a refreshing drink that would quench his customers thirst. His mixture of kola nut extract, vanilla and rare oils, became popular with his customers they named it “Brad’s Drink”, in 1898. With the overwhelming respond by his customers and sales of the soft drink, Caleb was convinced he should form a company to market it, so, the birth of Pepsi-Cola was born. Today, Pepsi is one of the world leaders in convenient snacks, foods and beverages with revenues over $60 billion and employees over 285,000 employees.

The contract in Dennis v. Paul, Paul has met the requirement for a firm offer which included a written terms and conditions and a signature. However, he did made a unilateral mistake of an unclarified effective date and termination date of this offer. He lacks the consideration of the mail turnaround time which result the delay of the reply from Dennis. Although the contract lacks consideration, it was dated on February 1st and Paul was assumed to get the answer back from Dennis before February 10th but he did not receive the letter until February 12th. It is Dennis’ responsibility to make sure the letter will be received by Paul before the due date. Otherwise, Paul can treat this offer as having lapsed before acceptance. Paul is not liable to sell his farm to Dennis and the contract is unenforceable. The cases with Adam v. Dennis and Bob v. Dennis are under Third Party Rights. In a bilateral contract, the transfer of contractual rights to a third party is known as assignment. Dennis assigned his rights to Adam and Bob that they have the right to demand performance from Paul to the contract. But the contract between Paul and Dennis was unconditional, the rights of assignor (Dennis) is extinguished.

During our appointment you advised me that you are looking to purchase a plot of land to build a house and require advice regarding the finance for this.

The result of table 5 shows with the leisure time and discount rate increase, the net effect of society will decrease because the costs will increase too. And this result also shows that when the leisure time equal to 1.5, the net effect of society in public sector will be greater than private program. But when the leisure time equal to 3, the private program (25% wage subsidy) will be the best choice for government.

Later, John went to Franks Hardware and Timber Yard. He made known to Frank, the sole proprietor, the purpose and requirement of the materials and placed an order. John signed a standard form contract and paid a deposit.

Lipmann had entered had entered into a contact with Mr. Jones for the sale of land. Mr. Lipman then changed his mind and did not want to complete the sale. He formed a company in order to avoid the transaction and conveyed the land to it instead. He then claimed he no longer owned the land and could not comply with the contract.