Can you assist me with another assignment This is due by Tuesday…

sir/madam

The file is not accessible. Could you send again

with regards

atluri ramesh

sir/madam

still the file is not accessible, can you save it MS 97-2003 and resend

with regards

atluri ramesh

sir/madam

Now I able to access the file and will deliver within scheduled time

with regards

atluri ramesh

sir/madam

I hereby submit the answer - you can use the link

http://www.mediafire.com/?a8x7nk6b45c2geo

with regards

atluri ramesh

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INTER OFFICE MEMORANDUM

Submitted to

The Senior Partner

December 18, 2007

FACTS OF THE CASE

1. A Contract has been entered in between Tamika Burgress and McDonald Contractors Inc.


2. It is effective on June 1, 2007.


3. The purchase consideration is a sum of $500,000 to be paid by McDonald Contracts Inc in order to purchase of the 10 acres land which is situated in Ohio.


4. The terms of payment indicate the down payment of $100,000 and remaining $400,000 will be in the monthly installments over a 10-year period.


5. Due to barring commercial development by Ohio board of Agriculture, the designated land also included for which it is effective from April 1, 2008.


6. Consequently, McDonald Contracts Inc sent a letter to XXXXX stating its intention to stop remaining monthly payment for the land. Hence from April 1, 2008, McDonald Contractors Inc will not be paying installments due to the decision of board for which the land should be used only for agricultural purposes.

BREACH OF CONTRACT

It is a valid contract as the elements of contract like capacity of parties, consideration, legal object, etc are existed. McDonald Contracts Inc has paid the down payment of $100,000 and remaining balance supposed to be paid in monthly installments for a period of time. It is clear that the opposite party i.e. McDonald Contracts Inc breached the contract and accordingly the organization sent letter for not paying the remaining installments which shows its breach of contract.

SHOULD WAIT FOR THE PERIOD TO CLAIM DAMAGES

Since McDonald Contracts Inc clearly informed its intention for not payment of remaining installments, Ms. Burgess need not wait till April 1, 2008. During December itself, McDonald Contracts Inc intimated its intention. The breach of contract may be either or anticipatory. The innocent party may sue for damages immediately as when the announcement is for such breach. – Case Law: Hochster v De La Tour. Hence Ms. Burgess need not to wait for April1, 2008. It is breach of contract and can claim for damages.

In the given case, the court awarded to claim damages without waiting till the end of the contract period. As there was renunciation by Defendant for breach of contract, the plaintiff is entitled to damages. The argument of the defendant is not valid.

REMEDIES FOR BREACH OF CONTRACT

When the breach of contract, the innocent party may claim for basic remedies under common law. The object of remedy is that the injured party may get same financial position as if the contract has been properly performed. Where there is no adequate remedy, then equitable remedies may be awarded by the authority. So the remedy may be awarding damage, order for performance of the contract, granting equitable remedy etc. In the given case, the client may ask the performance of the contract in order to get $400,000 as monthly installments for a period of the 10 years. Since it is generally acceptable damage and not remote remedy, hence the plaintiff can claim, based on the following case

Case: Hadley v Baxendale -The plaintiffs i.e. Mr. Hardley & others made contract with the Baxendale and others for which the defendants failed to deliver the material which is in question. Such failure caused the plaintiffs a huge loss and accordingly claimed for the lost profits due to defendant’s late delivery. Though the defendant not aware about the damages of plaintiff, yet it is breach of contract and held liable for damages to the plaintiff to the extent of the general damages and not for remote damages.

ARGUMENT FOR MCDONALD CONTRACTS INC.

There will no valid argument for McDonald Contractor Inc. However can raise only that the plaintiff not entitled for the balance of amount. But McDonald can ask for rescind the contract leaving down payment of $100,000.

APPROVAL FROM MCDONALD CONTRACTS INC.

When the farmer approached for mortgage payments, it is better to take prior approval from the McDonald Contractors. Though the title not yet been changed to McDonald Contracts Inc, yet the title is held with McDonald Contracts Inc. Therefore no such arrangement should be made between farmer and Ms Burgess unless approval is taken from McDonald Contractors Inc.

CONTRACT CLAUSE

Based on the discussions held with the McDonald Contractor Inc on ______________ in front of the witnesses, I hereby permit the farmer to use the land by paying the mortgage amount of ________for every specified period say one month. Such permission does not entitle any right to the farmer to continue with the land and any time, the farmer should vacate the land with the notice of period of one month.

REFERENCE:

1. http://www.goldsmithibs.com/resources/free/Breach-of-Contract/notes/Breach-of-Contract-Remedies.pdf


2. http://www.4lawschool.com/contracts/de.shtml


3. http://www.scribd.com/doc/5252473/Hadley-v-Baxendale-


4. http://en.wikipedia.org/wiki/Hadley_v_Baxendale