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Q. 1. Is there an enforceable contract in place among Joe and Big Ben? 2. Would Joe have any defences to enforcement of the contract if he decided he did not want to quit the project before its completion? 3. There are 3 types of contract performance: complete, substantial and material breach. Explain the differences (and similarities) among the three and explain some of the legal ramifications for one or more of these types of performances. (For example, illustrate what happens if one party performs completely but the other party performs only substantially?) Give examples from outside readings or experiences in your career or personal business life. Applying those theories to the case at hand, would Ben be successful in seeking specific performance from Joe if Joe tried to get out of the contract? 4. Would Ben be successful in preventing Joe from building another studio similar to his for a different artist?5. If Joe had come to you before agreeing to the contract, illustrate what advice would you have given him before entering into a contract with Ben to help make sure the contract is enforceable? Illustrate what if you were Ben's attorney? Illustrate what will be (or should be) the outcome of this case and explain why? 6. Illustrate what are the two most important concepts from this exercise that will help you in future contract negotiations?
If a contract involves a sale or lease of software that can be delivered and accessed, online, illustrate what might be the effects in terms of such rights and remedies as cure, cover, repletion and reclaiming goods?
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