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Grocery Incorporated Essay

1375 words - 6 pages

In scenario number one, Grocery who is the client in need of a renovation for the store had a contract with masterpiece construction. The store renovation had to be completed within a six month period. Masterpiece Construction did not meet the six-month period as agreed with Grocery in the contract. As a result, masterpiece construction had subcontracted the job to Build Them To Fall in order to complete the rest of the job. In most cases if the contract is not performed by a certain deadline, then a breach of contract has occurred.However, if a party is not at risk due to the delay of completing a job, then most courts treat this delay as a minor breach, therefore, allowing the other party additional time needed to complete the job. The breaching party is awarded specific performance orders to grant the acts as promised in the contract. All courts award the remedy at their discretion when the subject matter of a contract is unique. This is a complete performance type of contract, listed on the three type’s performance of a contract (Cheeseman, 2007). Grocery has all the rights for a lawsuit against masterpiece construction because of the breach of contract. Grocery would win the lawsuit not because masterpiece construction had subcontracted to Build Them To Fall, but because the six month contract had lapsed before subcontracting the incomplete job.In Scenario number two, Jeff Fresh who was a minor of age made a decision to purchase a car from a used car dealership. In this circumstance Jeff Fresh can claim, if indeed he is under the age of 18, that he did not have the contractual capacity to enter into any valid contract with Smooth Sales Used Cars, that the contract was not “supported by legally sufficient consideration” (Cheeseman, 2007). Smooth did not verify the age of Jeff, which constitutes unscrupulous behavior and the courts must protect a minor such as Jeff. According to Cheeseman, both the common law of contracts and many state statutes protect persons who lack contractual capacity from having contracts enforced against them.It is obvious from the scenario that Jeff has transferred consideration—in this case, a down payment for the car, plus a monthly payment of $200 for six months—to Smooth Sales Used Cars before attempting to void the contract. As a result, Jeff can argue that he must be restored to the same financial position he was in before he entered into the contract.Smooth Sales Used Cars may try to argue that since Jeff was in possession of the car for six months, a period during which the car has diminished in value as a result of Jeff’s use, that they are owed some equitable remedy. But the law is explicitly clear that a minor cannot enter into a contract, and so there is no legal remedy for Smooth Sales Used Cars in this scenario. Also, the issue of Jeff’s age, if proven that he was a minor at the time the contract was signed, is not a simple case of clerical error. Smooth simply ignored...

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