Scribd Feed for category: LawThis is a feed for documents in the category LawNew Era Homes Corp. v. Forster- August 28, 2008 Compensatory Damages - Breach or Repudiation by Payor Case: New Era Homes Corp. v. Forster (1949, NY) pp. 901-904 Facts: New Era (P) entered into a K with Forster (D) to make improvements on D's home. All materials and labor for $3,075 were to be paid in installments, as follows: $150 on signing of the K $1000 upon delivery of materials, and starting of work $1500 upon completion of rough carpentry and rough plumbing $425 upon job being completed. After the rough carpentry and rough plumbing...http://www.scribd.com/doc/5252519/New-Era-Homes-Corp-v-Forster- American Mechanical Corp. v. Union Machine Co. of Lynn, Inc.- August 28, 2008 Compensatory Damages - Breach or Repudiation by Payor Case: American Mechanical Corp. v. Union Machine Co. of Lynn, Inc. (1985, MA) pp. 897-901 Facts: American (P) was in financial difficulty, and contracted with Union (D) to sell its real estate and business equipment for $135,000. Union knew of American's financial difficulty. Union then repudiated the contract. Since American was in arrears on mortgage payments to Saugus Bank, the bank took possession of American's property and ended up...http://www.scribd.com/doc/5252495/American-Mechanical-Corp-v-Union-Machine-Co-of-Lynn-Inc- Hadley v. Baxendale- August 28, 2008 Measuring and Compensating Loss Note: Hadley v. Baxendale is one of the most famous cases in history. Case: Parties: Hadley v. Baxendale (1854, ENG) pp. 206-210 Plaintiff - Hadley Defendant - Baxendale Facts: The plaintiff, Hadley, operated a mill. The crankshaft of the mill broke, forcing the mill to shut down. Hadley contracted with the defendant, Baxendale, to deliver the crankshaft to engineers for repair by a certain date. Baxendale failed to deliver on the date in question, causing...http://www.scribd.com/doc/5252473/Hadley-v-Baxendale- AMF, Inc. v. McDonald's Corp.- August 28, 2008 Right to suspend performance or cancel upon prospective inability or breach Case: AMF, Inc. v. McDonald's Corp. (1976, 7th) pp. 876-882 Facts: In April 1968, McDonalds purchased from AMF a prototype computer for $20k. Later that same year, McDonalds ordered more of the computers. McDonalds experienced a lot of problems with the computer, and removed it from their store. Parties meet to discuss issues, and McDonalds requests that AMF give them assurances, but AMF never does and never repairs...http://www.scribd.com/doc/5252432/AMF-Inc-v-McDonalds-Corp- Hochster v. De La Tour- August 28, 2008 Right to suspend performance or cancel upon prospective inability or breach Case: Hochster v. De La Tour (1853, Eng) pp. 863-868 Facts: Parties enter into agreement, where P would work for D beginning June 1. On May 11th, D wrote to P that he had changed his mind, and declined P's services. P commenced the lawsuit on May 22nd. Btwn that time and June 1st P found another job. Issue: Holding: Is suing for the breach before the date of performance premature Court holds for P. Reasoning: Court...http://www.scribd.com/doc/5252412/Hochster-v-De-La-Tour Washington State Hop Producers, Inc. v. Goschie- August 28, 2008 Frustration of Purpose Case: Parties: Washington State Hop Producers, Inc. v. Goschie (1989, WA) pp. 850-858 Plaintiff - Washington State Hop Producers. Defendant - hop growers (Goschie Farms) James W. Butzow, Trustee Procedural History: P appealed superior courts summary judgment in favor of D rescinding various contracts for the purchase of hop allotments. Wash. Appeals court affirmed. Facts: Until 1985, the Dept of Agriculture required hop growers to obtain federal allotments in order to...http://www.scribd.com/doc/5252375/Washington-State-Hop-Producers-Inc-v-Goschie Bolin Farms v. American Cotton Shippers Ass'n- August 28, 2008 Supervening Impracticability Case: Bolin Farms v. American Cotton Shippers Ass'n (1974, LA) pp. 833-834 Summary: parties entered into a forward contract to sell cotton at a certain price and defendant had to purchase all the cotton available. Due to unforeseen events, the price of the cotton drastically rose, and plaintiffs seeking to get out of the contract due to this (drastic change in fair market price). The contract's validity and enforceability was upheld. Contract limits risks to...http://www.scribd.com/doc/5252284/Bolin-Farms-v-American-Cotton-Shippers-Assn Paradine v. Jane- August 28, 2008 Frustration of Purpose Case: Paradine v. Jane (1647, Eng) pp. 844-845 Summary: Paradine sued Jane for three years back rent, and Jane's defense was that he was not in possession of the land for the time in question (it was under control of Prince Rupert, a German prince, who had invaded the land). The justices stated that even though in previous cases they would not allow a lessor to proceed against a lessee in time of war, Jane was still liable for the rent. The court held that the parties...http://www.scribd.com/doc/5252312/Paradine-v-Jane Krell v. Henry- August 28, 2008 Frustration of Purpose Case: Krell v. Henry (1903, ENG) pp. 845-850 Facts: The plaintiff wanted to rent out his rooms overlooking a street where processions to the royal coronation were going to take place. The defendant offered to pay 75 to rent the rooms in order to watch the processions. Nowhere in their correspondence was the coronation explicitly mentioned as the reason for the rental. The defendant put down 25 as a deposit. The king got sick and the processions didnt happen. The...http://www.scribd.com/doc/5252344/Krell-v-Henry Dills v. Towns of Enfield- August 28, 2008 Supervening Impracticability Case: Dills v. Towns of Enfield (1989, CT) pp. 821-827 Facts: D agrees to sell land to P on 2 conditions: (1) submission and approval of construction plans, and (2) financing. P only submits preliminary plans, and is eventually unable to obtain mortgage financing. Since they couldnt get the financing, they dont submit the construction plans. D considers this a breach, and keeps the deposit. P sues to recover the deposit. Referee finds for P. Issue: Does failure to..http://www.scribd.com/doc/5252250/Dills-v-Towns-of-Enfield |