Discuss potential contract defences

Assignment Help Other Subject
Reference no: EM132144275

Write an essay describing how you would advice a business with cash flow problems that wishes to break several unprofitable contacts with its suppliers and customers, to defend against several lawsuits brought against it for non-payment and to retain employees who have not received a raise in several years.

Discuss potential contract defences including impossibility, duress, accord and satisfaction, fraud, lack of performance, lack of consideration, equitable defences, statue of frauds and statue of limitations.

Assume that some of the contracts are oral, some were breached more than ten years ago, some cannot be performed in less than a year, some of the goods were defective, some of the representations about quality were exaggerated and the company has excess inventory. Bankruptcy is not an option.

You are a believer in incentive contracts. Describe ways to structure the following agreements to incentivise the party providing goods or services: construction projects, sales representatives, manufacturing, mortgage, ad retail banking; professional services such as legal, accounting, and engineering.

What are the drawbacks on incentive contracts.

How can incentives be hedged against for non-payment by customers for commissioned sales that have already been booked; for latent defects in goods and services resulting in charge-backs or lawsuits; for fraud by the incentivised party resulting in wrongful payment?

See, e.g. Wells Fargo Bank. Also provide sample language for incentive clauses and examples.

Reference no: EM132144275

Questions Cloud

How much should invest in that system now : A home owner needs to generate electricity worth of $3000 at the end of every year from his PV modules to be able to achieve a 25% green power.
Is a computer a crime scene : Is a computer a crime scene? Why or why not? Under what circumstances? What are you looking for?
What criminal charges is bob most likely to face : Pete’s Pontiac is parked in Pete’s garage. What criminal charges is Bob most likely to face? Discuss any defenses.
What is the cournot equilibrium quantity per firm : A homogeneous products duopoly faces a market demand function given by P = 300 - 3Q, where Q = Q1 + Q2. Both firms have a constant marginal cost MC = 100.
Discuss potential contract defences : Discuss potential contract defences including impossibility, duress, accord and satisfaction, fraud, lack of performance, lack of consideration.
What according to you will be the repercussion : Hypothetically, imagine if US abolishes $100 bill and replace it with a different bill. What according to you will be the repercussion of such a change.
What is meant by unenforceable contracts : Explain in detail what is meant by: "unenforceable contracts." Do not simply give me the textbook definition.
Global trends that will transform business : ?Construct a 95?% confidence interval estimate for the population proportion of tech CEOs who indicate resource scarcity and climate change
Confidence interval for the population mean : Find a 95%confidence interval for the population mean, using the formula or technology.

Reviews

Write a Review

Other Subject Questions & Answers

  Cross-cultural opportunities and conflicts in canada

Short Paper on Cross-cultural Opportunities and Conflicts in Canada.

  Sociology theory questions

Sociology are very fundamental in nature. Role strain and role constraint speak about the duties and responsibilities of the roles of people in society or in a group. A short theory about Darwin and Moths is also answered.

  A book review on unfaithful angels

This review will help the reader understand the social work profession through different concepts giving the glimpse of why the social work profession might have drifted away from its original purpose of serving the poor.

  Disorder paper: schizophrenia

Schizophrenia does not really have just one single cause. It is a possibility that this disorder could be inherited but not all doctors are sure.

  Individual assignment: two models handout and rubric

Individual Assignment : Two Models Handout and Rubric,    This paper will allow you to understand and evaluate two vastly different organizational models and to effectively communicate their differences.

  Developing strategic intent for toyota

The following report includes the description about the organization, its strategies, industry analysis in which it operates and its position in the industry.

  Gasoline powered passenger vehicles

In this study, we examine how gasoline price volatility and income of the consumers impacts consumer's demand for gasoline.

  An aspect of poverty in canada

Economics thesis undergrad 4th year paper to write. it should be about 22 pages in length, literature review, economic analysis and then data or cost benefit analysis.

  Ngn customer satisfaction qos indicator for 3g services

The paper aims to highlight the global trends in countries and regions where 3G has already been introduced and propose an implementation plan to the telecom operators of developing countries.

  Prepare a power point presentation

Prepare the power point presentation for the case: Santa Fe Independent School District

  Information literacy is important in this environment

Information literacy is critically important in this contemporary environment

  Associative property of multiplication

Write a definition for associative property of multiplication.

Free Assignment Quote

Assured A++ Grade

Get guaranteed satisfaction & time on delivery in every assignment order you paid with us! We ensure premium quality solution document along with free turntin report!

All rights reserved! Copyrights ©2019-2020 ExpertsMind IT Educational Pvt Ltd