Chapter 11 - Shawnae Cristobal Legal Aspects of the...

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Shawnae Cristobal Legal Aspects of the Business Process Professor Schulz April 1, 2010 Chapter 11: Conclusion to Contracts (1,5,6,7,8) 1. Raritan was hoping to be a third party beneficiary of the contract between IMC and Cherry, Bekaert. But the court was unpersuaded. It found that the accountants had no intention of benefiting anyone other than IMC, that they had no knowledge at all of Raritan, and that Raritan had never even seen the original audit, but merely a report of the audit. The court declared that Raritan was an incidental beneficiary and hence a loser. 5. Impossibility means that the promissory cannot do what he promised to do. There was no gate, and Omega had no right to build one. This is a case of true impossibility. Omega was not liable 6. Kuhn Farm Machinery, Inc. ("Kuhn") contracted with 7200 Scottsdale Road General Partners dba Scottsdale Plaza Resort (the "resort"), to use the resort's facilities for a convention at which Kuhn's European personnel were to present new products to Kuhn's dealers and employees. In this appeal from the granting of a summary judgment for
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