Case Brief 12&13

Case Brief 12&13 - Huan Long (201005051) Case Brief...

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Huan Long (201005051) Case Brief 12: Trenton Vs. Bennett Facts: The defendant signed a contract with the plaintiff to build, erect, and complete the school-house upon the lot in question for the sum of $2610, with arbitrary installments. Before the work was completed, the building falls down, resulting from a latent defect in the soil. And there was no evidence showed any faulty construction. Rules of Law: Gates v. Green; Beebe v. Johnson; Lord v. Wheeler; Menetone v. Athawes; Trippe v. Armitage; Woods v. Russell; Clarks v. Spence. Issues: Should the defendant be liable for completing the construction, even though it was not his fault to cause the destruction? Holdings: Yes. The rule of law asserts that if a party, by his own contract, creates a duty or charge upon himself, he is bound to make it good; even any accident happened. Rationale: The court said that the builder should be liable for completing the whole construction, as long as there was a range of possibility for the performance. For example, if the
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Case Brief 12&13 - Huan Long (201005051) Case Brief...

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