week 5 LEG 100

http://www.nbcnews.com/video/nightly-news/56746585#56746585

https://blackboard.strayer.edu/bbcswebdav/pid-50091542-dt-message-rid-108131342_4/xid-108131342_4

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  • Imagine you represent a person who claims to have been the victim of a breach of contract. Determine the information that you would need to know to best determine if there was a contract. How would you present a case to a court to show your client was the victim of a breach of contract, and how would you overcome the defenses to the alleged breach? Be sure to use legal terms and concepts from the reading to support your analysis. 

respone :

To determine and prove if my client had suffered from breach of contract, I would first need to prove that there was a valid and defensible contract in place.  I would show the value that each party had to gain (consideration) as well as the legality of the contract.  I would then prove that each party had the legal ability to join into a contract (capacity) and that there was no fraud intended and there were no mistakes or innocent misrepresentation.  I would then advise the court whether the contract was in writing and if not, prove that there was no requirement for a written contract.  

Next I would provide that strict performance was not enabled and then move to the nature of the breach of contract.  I would show the material nature of the breach (how my client was substantially harmed by the breach) and show that we acted within the statute of limitations to file our suit.  The statute would depend on the state the case was being tried and would also consider if this was a written or oral contract (3 – 5 years depending on contract type, state, etc.).  At this point I feel that I would have proven my client suffered from breach of contract However as an additional step to make sure I could overcome any objections to the alleged breach I’d also need to make sure that impossibility did not apply.  This would mean further understanding the reason for the breach and insuring that it did not involve destruction of the subject matter, death of the promisor or that the purpose of the contract still remained legal.  If none of these were the case then the contract was not truly impossible and even if the issue was because it had become a financial burden, the court should still award in favor of my client.

 

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