The salesman has no duty to read the agreement to Letisha. Letisha is obligated to read and know what she signs and will be bound by its terms even if she doesn’t read them. Both parties are entitled to receive copies of the agreement. Sudson Washer and Dryer Service (“Sudson”) should make contracts easier to read and understand, as their customers are not experts in legal language. They can place verbiage such as “Page 1 of 2” or have the customer initial each page and each provision of the agreement to confirm they have read the terms of the agreement. They can draw attention to provisions that have serious consequences for the customer in case of a breach. The disclaimer may be legally adequate but not ethically appropriate. After a contract is formed, if one of the parties to the contract tries to get out of it by refusing to deliver, that party must raise a valid defense to the contract. However, only certain defenses are applicable such as, mistakes, fraud, duress, or unconscionability. A mistake occurs when parties have a mistaken belief about a fact upon entering into a contract. If only one party is mistaken, it is a unilateral mistake, and generally contract performance is not excused, and breaching may have consequences. In a bilateral mistake situation, both parties are mistaken, and the contract will generally be void. The unilateral mistake rule would not apply if Sudson is found to have misled Letisha. Unilateral mistakes can also void a contract if one side
How can two people watch or read the same story and yet, interpret it completely differently? Does it have to do with the author’s intentions, or maybe it has to do with the viewers’ own backgrounds and ideologies? Whatever the case may be, viewing one piece of work can lead to a wide array of opinions and critiques. It is through the diversity of such lenses that Death of a Salesman, by Arthur Miller has become one of the most well-known plays in modern history. There are many different ways in which a play can be criticized, however, criticisms from the approaches of a Marxist and reader-response will be utilized to further dissect Death of a Salesman. Marxist criticism sees pieces of works as a struggle between different socioeconomic classes; what better way to see Miller’s play than for what it is at face value, the struggle of a middle-class man trying to achieve the American dream (1750). On the other hand, a reader-response criticism comes from either an objective or subjective view; in this case Death of a Salesman will be viewed with a subjective lens based on Willy’s deteriorating mental health (1746).
San Joaquin Delta College presented Arthur Miller 's Death of A Salesman on Sunday the twenty-second of March at 2 o 'clock in the afternoon. This play is about a young man and his father coming to terms with the past and their futures. Willy Loman, an old salesman, is dealing with both financial and health difficulties. He is put under even more pressure when his unsuccessful son, Biff, returns home. Actor, director, and sound designer, Harvey T. Jordan, played the role of Willy in this production. His directing, acting, and sound effects allowed me to grasp the despaired nature of Willy Loman 's character. The theme of this story is respect and the nature of success. Willy wished that when he is dead, his death would be mourned far and wide. Hoping to have the reputation of a famous salesman; in other words he wants to die “The Death of a Salesman”. After Willie heard about a well-liked salesman, one that is known in all the cities he visits and that can make sales just by picking up the phone, Willie thinks that this job is easy, but he soon discovers the stress a truly dedicated salesman must go through.
In Death of a Salesman, a play written by Arthur Miller, Miller reflects the theme that every man needs to be honest with him self and act in accordance with his nature by displaying success and failure in different lights. Miller embodies the theme through characters in the play by explaining how their success and failures in being true to themselves help shapes their fates. Strongest evidence of Miller’s theme is reflected in the characteristics of Biff Loman, Benard, and Willy Loman. Through out the play, these three characters never give way to other’s influence and what other’s view of being successful is.
The story ‘Death of a Salesman’ written by Miller focuses on a man doing all he can to allow him and his family to live the American dream. Throughout the story it is shown how the Loman’s struggle with finding happiness and also with becoming successful. Throughout their entire lives many problems come their way resulting in a devastating death caused by foolishness and the drive to be successful. Ever since he and his wife, Linda, met she has been living a sad and miserable life, because she has been trying support his unachievable goals. Also by him being naïve put his children’s lives in jeopardy and also made them lose sight of who they really were. Miller uses the Loman family to show how feeling the need to appear a certain way to the public and trying to live a life that is not really yours can turn into an American nightmare.
Death of a Salesman is a play written by Arthur Miller and is about the tumultuous life of Willy Loman. Willy is a salesman that lives in New York who travels all over the eastern half of the country selling his products. Though it seems Mr. Loman is in a great position in life, he faces many problems in the play that ultimately result in his demise. Throughout the play it’s evident that despite all that has transpired in his life, happiness eludes him which bombards him into a deteriorated state of mind. Even though play made by Miller is fiction, it manages to stay realistic and shine a light on real issues that many people face today. This play is detailed and accurately pinpoints the struggles that some of the characters have to endure
Contracts are an important part of everyday life. They are an essential part of business. As a student of a business law class, I will discuss in this paper several aspects of contracts. This paper will give a definition of a contract and the essential elements necessary to form a valid contract. It will briefly discuss breach of contract and the difference between a material breach and a nonmaterial breach of contract. Examples of legal and equitable remedies available for breach of contracts will be highlighted. Also, legal excuses for nonperformance or other grounds for discharge of contracts will be addressed. Finally, three types of common contracts personally and professionally encountered will be mentioned.
Death of a Salesman takes place in New York 1949, but has flashbacks that go as far as 15 years. The play begins with the curtain rising on Willy Lomans house, that is surrounded by tall apartment buildings, and small back yard. At the time it is a Monday night. Willy Loman, a 69 year old salesman, comes home from a sales trip. Linda Loman, Willy’s wife comes out wondering why he is home early. Although willy refuses to talk about the reason for his early return, he eventually states that he lost concentration while driving and almost drove off the road. Linda states that she wants Willy to work in New York, but the founder of the company Willy works for does not appreciate his history in the company. Linda and Willy’s children are upstairs
According to the Judicial Education Center, the best defenses to enforcement of a contract or liability for damages are:
In the play Death of a Salesman by Arthur Miller, Willy is both sympathized with and looked down upon throughout the story. Willy is a very complex character with problems and faults that gain both sympathy and also turn the reader off to him. Willy Loman is both the protagonist and the antagonist, gaining sympathy from the reader only to lose it moments later.
no disclosure of the fact that a true statement has subsequently become false in the time between the making of the statement and the making of the contract.
Arthur Miller’s Death of a Salesman tells the tale of Willy Loman, a man who falls from the top of the capitalism system in a resonant crash. Being controlled by his fears of the future, and stuck in his memories of the past, Willy fully contributes to his self-victimization by putting little blame on his own mistakes. Although Willy is perceived as selfish, it is important to see that he is misguided. His character is one of a common man, he has never been anything special, but he chose to follow the American Dream and continue the “destiny” it gave him. However, in my reading of the play, I feel it was not an unlucky destiny that pushed Willy to damage his own life and the lives of his family,
"I don't say he's a great man. Willy Loman never made a lot of money; his name was never in the paper; he's not the finest character that ever lived. But he's a human being, and a terrible thing is happening to him. So attention must be paid ... Attention, attention, must be finally paid to such a person." from Death of a Salesman
Contract Law Case Study Both the parties in the question have come to a problematic situation
“Operative unilateral mistake occurs when only one party in the contract is mistaken, the other party is or should be aware of that mistake and yet he purports to proceed with the agreement anyway.”