Breach of contract

Christopher Davis Professor Kerry L. Myers, JD, CFE BUL 3320 20 January 2017 Breach of NDA Resulting in Punitive Damages Nolo Dictionary describes a Nondisclosure Agreement as “A legally binding contract in which a person or business promises to treat specific information as a trade secret and not disclose it to others without proper authorization” (Nolo). On May 27, 2008, the Honorable David H. Coar issued an Opinion and Order on the RRK Holding Company v. Sears, Roebuck and Co., in which…

1) Dorothy and Brian I: Had the contract between Dorothy and Brian come into existence? In particular, was Dorothy obligated to sell her house to Brian? R: Offer and counter-offer “An invitation to treat is essentially an indication that a person is prepared to negotiate” “Acceptance cannot be interfered from the silence or inaction of the offeree” . A: Brian offered to buy Dorothy’s house and Dorothy replied Brian that she would sell the house for $2.000.000. Brian countered Dorothy’s offer…

Assignment 1 Contract Problem Case Study Introduction The contract is a voidable contract. It is an express and implied understanding that the agreement was legally binding, meaning that, it would be enforceable by the courts if the parties took legal action to resolve the dispute between them. This case is a contract case since both parties have come up with the business agreement. That is, LNPL will provide service to Mr Garae and Mr Garae in return will pay for this service offer. Mr Garae…

court that the promise specified in the contract shall be carried out.  When actual damages arising from breach are not measurable and monetary compensation is not an adequate remedy, specific performances then May be directed by the court. 4. Suit for Quantum Meriut- As much as is earned If the party prevents the other party from completing his obligation under the contract, the aggrieved party may claim payment of quantum meriut for the part of contract already performed by him. For…

Contract is an agreement between two or more parties that is indented to be legally enforceable. A contract can be in writing or made orally and can be entered into by signing a document, agreeing to something on the telephone or clicking on ‘I agree’ on a web page. There is a distinction between B2B (also know as, business to business) and B2C (business to consumer) contracts. In its simplest form, B2B refers to transections between two businesses where both the buyer and the seller are…

separate issues: 1. Is Esme likely to succeed in court if she sues Callan for breach of contract? and, 2. Does Callan have a cause of action against the auctioneer and/or the owner of Marvel comic collection upon which he bid at auction in Sotheby’s? Esme’s case against Callan In order to make a case against Callan, Esme must prove that she had concluded a contract with Callan prior to Callan hiring James. A contract between Callan and Esme if it can be established, judged by objective…

Code 1350 One cannot sue for fraud based upon the alleged breach of an oral contract which would itself be unenforceable under the Statute of Frauds. Hieke v. George (1999) Where a representation is controverted by the express terms of the contract, a plaintiff will be unable, as a matter of law, to establish that his reliance is justifiable. Callaway v. DeMain Swine Breeders (1998) However, if the merger clause is included in the contract for sale of goods, under UCC, the parol evidence of…

Question A. Yes, this is an enforceable contract. Postal rule is one of the rules of contract law that makes an exception to the general rule that an acceptance can only occur when communicated directly to the offeror. This is considered a legal binding contract as the acceptance match with the offer. It is an enforceable contract due to reasons mentioned below. 4 elements of a contract The elements to create a legally binding contract are as follows; 1. Legal capacity – a person above 18 years…

Question 1 Silence cannot be considered a form of acceptance in contract law, in Felthouse v. Bindley (1862), after small negotiations over a horse, the claimant was willing and offered to buy the horse from the nephew. The claimant wrote, “If I hear no more about him, I consider the horse mine at £30.15s” (Duxbury, 2008). The horse was said to be withdrawn from the auction but 6 weeks down the line Bindley, the defendant, accidentally sold the horse at the auction; then the claim was formed.…

punitive damages are not allowed in breach of contract cases. Courts, though, have allowed punitive damages if there are independent injuries involved based upon in an independent tort. This standard appears to be met in Aldridge’s case. Aldridge may not rely upon breach of duty to justify for punitive damages, but other independent grounds may be used. Courts commonly use the tort of fraud in order to satisfy this element. With the idea that a contract is never established if it was…