Mustang Pipeline Case Summary

Improved Essays
The case of Mustang pipeline v. Driver pipeline is a breach of contract case. In a breach of contract the result comes from a party who does not accomplish the contractual promise or if the party seems to be unable to perform the contract. Mustang was the first to bring suit against Driver for the failure to complete the work in a timely manner. However Driver counterclaimed for the wrongful termination of the contract. It is clear that time was of the essence for the completion of the pipeline. Driver was to complete a 100 mile portion of a 200 mile pipeline in a 98 day construction schedule. Not only did Driver ask for an extension of the completion date, but only completed 15 miles of pipeline in more than half the alleged schedule. Mustang contracted Sunland Corporation to finish the pipeline and later sued Driver for breach of contract. In response Driver countersued the breach of contract claiming that Mustang had wrongfully ended their contract.
The issues in this case were based on the justification of contract termination and what sum of money if any would compensate either party. According to the case four main questions were presented by the jury at trial. Did Driver fail to comply with the
…show more content…
Driver accepted the time limit of the contract; in turn they should abide to the time factor. In the ruling of this case the jury of the first court determined that Driver had not complied with the contract terms, but Mustang did wrongfully end the contract. The jury awarded damages and attorneys’ fees to Driver as it was determined that Driver had not conducted in a material breach. They decided that the material breach was made by Mustang in the termination of the contract. The appeals court confirmed the jury’s verdict. Mustang was granted petition for review. The Supreme Court overturned the awarded sum given to Driver and returned the compensation to Mustang due to Driver not being able to complete the pipeline in

Related Documents

  • Improved Essays

    This court considered the Third District Court of Appeals decision to enforce the Clause Arbitration agreement. The court disagreed with the verdict to enforce the Clause, arguing that the Third District Court of Appeals did not employ the Seifert standard established as a precedent in evaluating motion to compel arbitration agreements (Basulto v. Hialeah, 2014). Additionally, the court found the Third District Court of Appeals’ decision to enforce the arbitration clause under the Federal Arbitration Act, as a violation of the FAA section 4, and that both parties had not agreed upon arbitration terms (Basulto v. Hialeah, 2014). Therefore, the supreme court concluded that the trial court’s decision to deny the dealership’s motion to compel arbitration be reinstated and that the buyers be awarded attorney’s…

    • 1940 Words
    • 8 Pages
    Improved Essays
  • Improved Essays

    A majority of the Full Court upheld the Trial Judge’s decision on the s 47(2)(b) issue and overturned the Trial Judge’s finding on the seatbelt issue, reducing Ms Chadwick’s contributory negligence to zero per…

    • 693 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    Law: Contract Law Reasons: Failure of consideration so, terms are not binding Ratio: Consideration needed in order to achieve constructive dismissal in regards to changes on contract terms. Works Cited Hilton v. Norampac Inc., V-193113CM (Ontario Superior Court of Justice May 22, 2002). Honda Canada Inc. V. Keays, 31739 (Supreme Court of Canada June 27, 2008). Richard A. Yates, T. B.-K. (2011). Buisness Law in Canada (9th ed.).…

    • 1173 Words
    • 5 Pages
    Improved Essays
  • Improved Essays

    Teri Case Summary

    • 740 Words
    • 3 Pages

    FACTS Teri entered into a contract with Jack to sell her home for $300,000. After the parties sign the contract; Teri learns of a Boston municipal rule that all firefighters must live within the Boston city limits. Teri then calls Jack to back out of the contract to sell her house, because of the municipal rule. Jack is asking the judge for specific performance, to force Teri to sell the house in accordance with the original contract. Teri argues that, although specific performance is usually appropriate in land sale contract cases, the judge has the discretion to deny specific performance.…

    • 740 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    Third, on September 27, 1982, PSI Cosmetics (defendant), leased a vehicle from Barco Auto (plaintiff). PSI stated that two months later the engine began to smoke and was towed to an authorized dealer. The dealer took over three months to repair a blown motor. The defendants continued making their payments, even though, they had no use of the vehicle. Mr. Golumbia was advised after 300 to 600 miles, he should have the vehicle serviced (retorqued).…

    • 1283 Words
    • 6 Pages
    Improved Essays
  • Improved Essays

    2d 539 Case Study

    • 1579 Words
    • 7 Pages

    ISSUE Will a plaintiff be able to present a cause of action for tortious interference with a contract under Michigan law, which requires (1) the existence of a contract, (2) a breach of the contract, and (3) an unjustified instigation of the breach by a third party, where there was a contract for the sale of a restored property, the buyer breached this contract by refusing to complete the purchase, and a third party’s statements in a newspaper might have caused the breach? BRIEF ANSWER Yes. Ms. Garcia likely has a cause of action for tortious interference with a contract.…

    • 1579 Words
    • 7 Pages
    Improved Essays
  • Decent Essays

    Plaintiff, JIM MANOS DRILLING AND PUMP, INC., a California corporation, a.k.a. MANOS PUMP SERVICE filed this action against Defendant, FELICITAS I. OCAMPO, after a failed attempt to drill a productive water well upon land titled in the name of FELICITAS I. OCAMPO (hereinafter Ms. Ocampo) in El Cajon in May 2015. After being presented with a bill for drilling services nearly double the written proposal accepted by Ms. Ocampo, and given that no written change order had been signed by Ms. Ocampo authorizing or agreeing to the expanded work, communications between the Plaintiff and Ms. Ocampo broke down resulting in the recording of a mechanical lien upon the property and a subsequent complaint to foreclose upon the property. The complaint was delivered by substitute service, as a result of mistake, inadvertence, surprise, excusable neglect by Ms. Ocampo, a default was entered against her in this action. Because of the compelling and upsetting facts surrounding that taking of the default, which she now timely moves this court for relief to permit the filing of her answer so that she may mount her defense and have the case decided on the merits, not by forfeit.…

    • 746 Words
    • 3 Pages
    Decent Essays
  • Improved Essays

    At approximately 8:45 a.m., Mr. Rossignol and the plaintiff were driving their respective vehicles in the northbound lanes of I-294/94/80 and just west of the Illinois/Indiana state line. At that location, traffic in the northbound lanes of the highway is actually traveling west. The interstate at that location has four lanes in each direction and the northbound and southbound are divided by a median with a vertical concrete barrier. Mr. Rossignol was driving in the second lane from the median barrier.…

    • 1037 Words
    • 5 Pages
    Improved Essays
  • Great Essays

    Petrograd Case Summary

    • 1166 Words
    • 5 Pages

    DISCUSSION Petrograd will very likely be able to sustain just compensation from Coleman’s breach of warranty despite any statute of limitations concerns. While agreements involving intellectual property have yet to be definitively resolved in this state, a court is likely to find the contract between Petrograd and Coleman analogous to a sale of services, and therefore appropriate to be governed under Section 8106 of the Delaware commercial code. Though breach of promise actions under this rule are traditionally barred after three years, Petrograd’s situation likely qualifies for the discovery rule tolling exception due to the fact the injury was inherently unknowable. Alternatively, even if a court were to find the contract sufficient as a sale of goods, and appropriate to be governed under Section 2-725 of the state’s uniform commercial code,…

    • 1166 Words
    • 5 Pages
    Great Essays
  • Improved Essays

    Whereas, the outcome was unsatisfactory. The court has denied the request despite Houston’s…

    • 769 Words
    • 4 Pages
    Improved Essays
  • Decent Essays

    PLAINTIFF’S COMPLAINT AGAINST DANIELS Roosevelt Cannady alleges that on or about April 2, 2015, he was struck by construction scaffolding as he entered a store owned by Saving Incorporated d/b/a Dodge’s Store (Dodge’s Store) and/or Savings Oil Company. He claims that Defendant James Daniels d/b/a ABC Contracting Services (Daniels) was performing construction on the store’s roof at the time, and Daniels’s negligence during construction was the direct and proximate cause of his injuries. On February 26, 2016, Cannady filed a lawsuit against Dodge’s Store, Savings Oil Company, and Daniels. Cannady alleges that Daniels was negligent because he allowed an unsafe condition to exist at the store, knew or should have known of the unsafe condition, and he did not remedy the unsafe condition.…

    • 685 Words
    • 3 Pages
    Decent Essays
  • Superior Essays

    Tort Of Negligence Essay

    • 1145 Words
    • 5 Pages

    Issue The matters involved in the case facts is if Rebecca can sue Michelle for negligence based on tort law and Rebecca?s decision to accept the ride home even if she knows that Michelle was drunk to drive. Rule The court needs to prove that Michelle has a duty of care to Rebecca. Secondly, there needs to be a breach of this duty due to the negligent conduct of Michelle.…

    • 1145 Words
    • 5 Pages
    Superior Essays
  • Improved Essays

    I went to Kings County Supreme Court. Its located at 360 Adams Street, Brooklyn NY at September 21 at 2:30 pm to 4:40 pm under Honor Francois A. Rivera from Part 52. The case type was civil and type of the proceedings is a trial. There were 8 jurors in the stand. Mostly male and about 2 females juror.…

    • 919 Words
    • 4 Pages
    Improved Essays
  • Superior Essays

    Contracts are an integral part of society, having strong legal contractual principles gives confidence to consumers, investors and anyone who wishes to enter into a contract. Entering in a contract shows that in a primitive way that two parties are on the same page, however it is noted that a high proportion of litigation does actually stem from misunderstood contract (Duxbury (2011)).In this scenario Gary believes he has a valid contract with Mike and is disappointed to learn that Mike has sold on the Bike to Liz (third party). Using previous cases as precedent and analysing the conditions in which a contract is made, advice will be given to Gary on his legal position in regards to the contract and whether there is any suitable remedy that…

    • 1534 Words
    • 6 Pages
    Superior Essays
  • Great Essays

    1. What moral issues does the Pinto case raise? The Pinto case raises many moral issues. First, the case states that Ford knew of the faults of the Pinto and continued to sell them – even after they failed testing.…

    • 2054 Words
    • 9 Pages
    Great Essays