Business Law: Double Diamond

Improved Essays
The word that the lower court left out of its opinion was “material” from in front of the word “breach.” I believe that Mills’ hope was that this omission would somehow exonerate them from the actual breach they committed (since I agree with the ruling), that since they did not provide the materials necessary for Double Diamond to complete their work, construction was halted and that was not considered a breach on the part of Double Diamond. Had Double Diamond had the proper materials, which they dutifully sought from both Mills and ABC (the supplier that Mills used), the project would have been completed. The appellate court found that there was enough evidence to imply that there was a material breach (i.e.: there was no need to spell out …show more content…
Lifting spirits is always good way to boost the economy. Therefore, in addition to the lawsuit consequences, all the stakeholders get affected doubly. I can think of many examples involving contracts but I will start with the simple implied contract of when one buys an item like shoes and assumes they will work properly and then they don’t. I am speaking from personal experience since it was not that long ago (last year) when I bought a pair of Champion sneakers and after using them only one month, I discovered that the heal part on the right shoe was hollow and had collapsed. I wondered during that time why my back went out during that time and it wasn’t until afterward that I realized it was due to my body being thrown out of alignment due to those sneakers. That was definitely a material breach! Also, in the past when I tried to find ways to stay at home with my young children by finding a home business. Not knowing about eBay and not having a computer until much later in life, I would pay the person/company only to find out later that the investment was only a small down payment compared to all the money that would be needed to continue.

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