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blaw assign 2 - therefore unenforceable 4 5 6 The court...

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Elena Gavelis BLAW Homework 2 Due 4/2/08 Chapter 12 1,3,6,8 1. Martin can not collect the $100, legally. The new agreement, though in writing, is unenforceable because it is not supported by legally sufficient consideration. Martin was under a pre-existing contract to deliver the chairs. Though Martin may argue unforeseen difficulties, in this instance this argument would not be valid because inflation is a risk that should be ordinarily assumed in business. The courts could consider allowing rescission and letting the new contract stand, instead of applying the preexisting duty rule. I don’t think rescission is appropriate here, though, because of the business circumstances. 2. 3. No, the couple can not enforce the promise in the letter as a contract. Because Daniel was already taken care of by the generosity of the elderly couple this would be considered past consideration which lacks any consideration and is
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Unformatted text preview: therefore unenforceable. 4. 5. 6. The court will most likely decide that Herrick has not legal rights to recover more money. Since the contract left the price unliquidated, and Herrick cashed the check labeled as the final settlement, the contract between them is seen as settled by the courts. Herrick accepted a payment of a lesser sum, which then operated as satisfaction of the debt. 7. 8. No, Empire is not right. The contract was modified and agreed upon by both parties. The courts will see that Rock Services encountered unforeseeable circumstances that caused costs to be much higher. The courts should, on this reasoning, uphold the modified contract as a rescission and new contract. Empire should have to pay on the time-and-materials basis. If higher costs had been foreseeable then the original contract requiring Empire to pay the lesser of the two pricing options should have been upheld....
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