Posted: November 10th, 2015

Assignment Questions

Assignment Questions

PART I
Directions: Please review the questions below and write a 3-4 page essay analyzing

each legal issue presented in this week’s modules readings.  Please apply APA

format with in text citing, reference list, and double-space.  Limit your word

count to 2,000 words.
If applicable, include arguments from each side.  If a criminal case exists, you

would present arguments from the prosecutor and the defense attorney.  If it is a

civil case, then you would argue as a plaintiff and defense lawyer.  Be sure that

your answers respond to the questions.  Do not restate the problem in your answer.

Mention the facts where relevant to your analysis.  If you are asked for a

recommendation, be sure to include one, but do not fail to consider

counterarguments.  If your answer depends upon essential information not set forth

in the question, state what that information is and how it affects your answer.  If

facts are missing in your argument, please state what facts would be pertinent to

each party’s case; also list any facts or information that could potentially damage

a party’s case.
Read the questions carefully and attempt to answer each directly.  Clear, well-

organized, and concise writing will be rewarded.  If there are ambiguities in the

questions, discuss the ambiguity and how it impacts your answer.  You may consult

your text, lecture notes, or outlines that you have personally prepared.
Submit your responses to the following:

1.    What is the difference between accord and satisfaction?  When might an

accord be made?

2.    How does commercial impracticability change the way that contracts are

discharged because they are too difficult to perform? Is commercial

impracticability a common law or statutory doctrine?  How is commercial

impracticability different from impossibility?

3.    What is a novation?  If a novation occurs, what happens to the parties in

that contract?

4.    What is rescission?  Are contracts always rescinded quite easily?  What

reason would a contract is rescinded?

5.    What is duress?  There is one crime under criminal law, where duress is not

allowed as a defense.  What is that crime?  Research that crime.  Summarize the

facts of a case you find related to that crime?  Does it make sense that duress is

not a defense in that case?

6.    What is a material breach?  Provide an example.  If one party creates a

material breach what can the other party do?  Are the parties forced to still

comply with the contract?

7.    What is undue influence?  Why would someone claim this defense?  Provide an

example.

8.    What is a waiver?  How do waivers apply in a contract?  Look at the License

Agreement from Module 3’s homework assignment.  Was a there a waiver in this

Agreement?  If so, provide the section number and a summary of the waiver.

9.    What are nominal damages?  Are nominal damages given often in a lawsuit due

to contract breach?

10.    Vance, a peanut grower, entered into an agreement to provide 2,000 pounds

of peanuts to Timmons, a peanut processor.  Severe rains, however, caused flooding

and destroyed the peanut crop to be supplied by Vance.  Vance argued that his

contract with Timmons was discharged.  He claimed that because the subject matter

of the contract (the peanuts) was destroyed, he could not deliver the product as

initially promised.  Do you agree that the contract was discharged?

11.    Connors and Ferris entered into a contract in which Connors was obligated

to deliver certain goods to Ferris by March 8.  On March 1, Connors told Ferris

that he would not deliver the goods called for in the contract.  The reason for

refusing to deliver the goods was simply a change of mind at this time.  Connors

told Ferris that he would think more about it and possibly deliver the goods

sometime in the future.  Can Ferris successfully sue Connors immediately or must he

wait to see what Connors decides to do?

12.    What are compensatory damages?  What kind of restriction is placed on a

person who is entitled to compensatory damages?

13.    In purchasing a new automobile, Blacklaw ordered it with no extra equipment

except power steering.  She did not read the contract presented to her before

signing it.  She learned later that the car included power steering, radio, air

conditioning, and tinted glass.  What effect, if any, did Blacklaw’s mistake have

on the contract?

PART II

Module 5 Journal Assignment

Directions:  When do courts usually enforce specific performance under a contract?

Give an example of when specific performance might be appropriate?  Do you think

specific performance is good in all cases?  Please apply APA format with in text

citing, reference list, and double-space.  Limit your word count to 400 words.

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