In most of the scenarios you will encounter in the contract assignment, the contract is a bad one for one or more of the parties

In most of the scenarios you will encounter in the contract assignment, the contract is a bad one for one or more of the parties

In most of the scenarios you will encounter in the contract assignment, the contract is a
bad one for one or more of the parties. One, or both, of them, may be looking to impeach
the contract and/or for a remedy.

Please remember, you have to accept the facts as given, and that you should read each
scenario carefully, as there are buried clues, and some facts that just don’t matter.
Here are the legal issues to consider, and the order in which the analysis should be done:
1. Is it a contract? (Note: sometimes this is not necessary to answer as you are told in the
facts).
2. If not, which of the elements is or may be missing? Offer, acceptance, consideration,
capacity, intention, or legality?
3. Is it therefore void?
4. Could it be an invitation to treat?
5. Has there been a rejection and counter-offer?
6. Is there a privity of contract issue?
7. Has the contract been discharged? Performance, agreement, operation of law, frustration?
8. Can the contract be impeached? Duress, undue influence, mistake (common, mutual,
unilateral), misrepresentation (innocent, negligent or fraudulent)?
9. Has the contract been breached/ (repudiation, failure to perform, sabotage)?
10. What is the remedy? Recission, damages, specific performance, quantum meruit)?
For each answer, or theory, tell us WHY you think so.

contract assignment spring 2019

Answer preview In most of the scenarios you will encounter in the contract assignment, the contract is a bad one for one or more of the parties

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