REFER TO THE FILE
1. List and explain several ways contracts can be brought to an end?
0. What is vicarious performance?
0. After a contract has terminated by agreement what can parties agree?
0. What is vicarious liability?
0. Are employers always liable for the Torts of employees?
0. Explain the term contributory negligence and give an example.
0. What is the difference between negligence and strict liability? Explain.
8. List eight examples of business contracts.
9. What issues need to be considered before deciding to sue?
10. Does it sometimes make sense economically to breach a contract? Explain and give examples.
Case Solving
Leonard purchased an unconstructed condominium in a large development. The contract stated that delivery of the completed condo was to be on a date set by the developer before February 1, 2010. Construction proceeded on schedule except on April 25, 2009, the whole development burned to the ground. After spending some time looking for the cause of the fire, the developer started the process of rebuilding in October 2009. It looks like the condo will be delivered about a year later than originally anticipated. Is Leonard bound by the contract under these circumstances? Does it matter if the fire was caused by the developer’s negligence?
1. Louise arrived for a two-week vacation at a Mexican resort. She spent the day at the beach and, on returning to her room, found a bottle in the fridge containing a clear liquid. Louise assumed the liquid was water and started to drink from the bottle. It turns out that a member of the cleaning staff had inadvertently left a bottle of caustic cleaning solution in the fridge in Louise’s room and this is what Louise had drunk. Louise suffered extensive injury and required emergency surgery to remove some of her esophagus. Louise wants to sue the cleaning staff member who had left cleaning solution in Louise’s fridge. Will this action be successful? Does the cleaning staff member have any defense’s?
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