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Posted: May 21st, 2022
Mini-Project Legal Case Study
Johnson’s cancelling their contract
Facts Relative to Issue `1
The Johnsons receive the information on the lawn service business and they are impressed by the business. The Johnsons decide to hire the services of Sam and John at their home. In this regard Johnsons and the lawn service providers (John and Sam) sign a contract. Later, the Johnsons lose their job in July and are no longer able to pay for the services. However, Sam and John persist in providing the services arguing that they had a contract.
Issue I
Johnsons and the lawn service providers sign a contract for the services. The Johnsons’ lose their job and thus they are not able to meet their obligations in the contract. On the other hand, the lawn service providers continue with their part of the obligation in the contract.
Rule I
The rule to be applied in this case is the law of the contract. The law of contract entails the agreement between two parties and they are legally valid and enforceable (Anson et al., 2010 – Essay Writing Service: Write My Essay by Top-Notch Writer).
Application I
Under the law of contract, all parties are required to adhere to the duties and obligation of the contract. Failure to adhere to the obligations and the duties under the contracts results to the enforcement of the contract to ensure fairness and justice in the contract.
Conclusion I
Under the law of contract, the enforcement of the contact is done by instituting different remedies to a contract. In this case, the remedies that can be affected include money damages, restitution, and rescission. These remedies ensure that the contracts are enforced to their completion in the interest of John and Sam.
The damage to Smith’s property
Facts Relative to Issue II
The Smiths signed a contract with John and Sam to provide their services. In the course of working for Smiths, John leaves a lawnmower running to get some drinking water. A boy from the neighbourhood pushes the lawnmower that ends up destroying the screen of a porch.
Issue II
The issue, in this case, is that as a result of negligence on the part of John the property of the Smiths is destroyed. The issue lies on the compensation of the Smith to have their porch fixed.
Rule II
The rule to be applied in this case is the tort of negligence. In this regard, negligence entails the failure to exercise reasonable care to eliminate damage to another person (Zipursky, 2009). The law applies to businesses and individuals when on parties fails in taking exercise the duty of care resulting in damages on another party.
Application II
The Smiths suffered the damage of their property for the negligence of John. In this regard, under the tort of negligence, the Smiths need to proof the duty of care on John’s part, the breach of the duty of care, the damage caused and the causation.
Conclusion II
John failed in exercising the duty of care concerning handling the lawnmower in protecting the Smiths property. In this case, John needs to compensate the Smith for the destruction of their property and restore it to its original value and position.
The contract between John and Mower Supply
Facts Relative to Issue III
The lawn servi9ce business was doing well and John and Sam needed and extra new lawnmower. In this case, John purchases a new lawnmower on credit from Mower Supply, Inc. However, as a result of undesirable and unexpected business failures, the business was not able to pay for the loans.
Issue III
The issue, in this case, is that John refused to make payment for the lawnmower he had taken on credit from Mower Supply, Inc. John argued that he would not make payments for they were not generating income with the lawnmower (Anson et al., 2010 – Essay Writing Service: Write My Essay by Top-Notch Writer).
Rule III
The rule to the user, in this case, is the law of contract. The law of contract entails a mutual agreement between private parties that have enforceable obligations under the law.
Application III
John and Mower Supply, Inc. business agreement had all elements of an enforceable contract. The Mower Supply, Inc. met their obligation under the contract while John failed thus breaching their contract.
Conclusion III
John breached the contract by failing to pay for the lawnmower and thus to enforce the contract the remedies on breach of the contract need to be instituted. In this regard, the remedies that need to be instituted include restitution to compel John to pay for Lawnmower.
A physical altercation between Sam and John
Facts Relative to Issue `1V
Upon the destruction of the Smiths property, John was angry to the extent that he pu7nched Sam. The assault on Sam meant that the two partners could no longer work with each other. The alteration means the end of contract and partnership between Sam and John.
Issue IV
The issue, in this case, was that John assaulted Sam as a result of anger. An assault is a crime and is against the law.
Rule IV
The rules to be used under this case are laws on battery and assault that falls under criminal code Title 13A. The battery and assault crimes entail the use of force or threat to another party to have a reasonable apprehension of offensive contact and imminent harmful (Massey, 2003).
Application IV
John punched Sam and this amounted to an assault and crimes against Sam. John is liable to the crimes of assault and battery.
Conclusion IV
The violation criminal code by John assaulting Sam will subject John to serve A Jail term and or compensate Sam for damages suffered by Sam.
References
Anson, W. R., Beatson, J., Burrows, A. S., & Cartwright, J. (2010 – Essay Writing Service: Write My Essay by Top-Notch Writer). Anson’s law of contract. Oxford University Press.
Massey, J. W. (2003). A Proposal to Narrow the Assault and Battery Exception to the Federal Tort Claims Act. Tex. L. Rev., 82, 1621.
Zipursky, B. C. (2009). Foreseeability in Breach, Duty, and Proximate Cause. Wake Forest L. Rev., 44, 1247.
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