Ch 18 IRAC Cases 18.1, 18.2, 18.3

Ch 18 IRAC Cases 18.1, 18.2, 18.3 - Chapter 18 – IRAC...

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Chapter 18 – IRAC Cases 18.1, 18.2 & 18.3 Case 18.1 Pack 2000, Inc. v. Cushman Issue: Did Pack 2000 perform under the terms of the options in the contract? Rule: Whether the performance of a certain act by a party to a contract is a condition precedent to the duty of the other party to act depends on the intent of the parties expressed in the contract and read in the light of the circumstances surrounding the execution of the instrument. Analysis: Cushman agreed to transfer two Midas shops to Pack 2000. There were lease options to buy the properties if Pack 2000 strictly complied with the conditions in making payments of rent and utilities. Pack 2000 did not make these payments on time regularly. When Pack 2000 wanted to buy the properties, Cushman said they didn’t comply with the terms. Conclusion: The appellate court reversed the lower court’s decision in favor of Cushman. 1 | P a g e
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Chapter 18 – IRAC Cases 18.1, 18.2 & 18.3 Case 18.2 Jacob & Youngs v. Kent Issue : Is Kent entitled to the replacement cost of the pipe for the builders breach of contract?
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  • Fall '12
  • Nelson
  • Kent, Cushman, IRAC Cases, bergen auto

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