Was white duty to perform the contract with brown excused

Assignment Help Business Law and Ethics
Reference no: EM131657603

Question: Light contracted to build a house for the Mullers. After the job was completed, the Mullers refused to pay Light the balance they owed him under thecontract, claiming that he had done some of the work in an unworkmanlike manner. When Light sued for the money, the Mullers counterclaimed for $5,700 damages for delay under a liquidated damages clause in the contract. The clause provided that Light must pay $100 per day for every day of delay in completion of the construction. The evidence indicated that the rental value of the home was between $400 and $415 per month. Should the liquidated damages provision be enforced? 4. In 1992, White and J.M. Brown Amusement Co. entered into a contract giving Brown exclusive rights to place "certain coin-operated amusement machines" in 13 of White's stores, all in Oconee and Anderson counties in South Carolina. The contract was for a term of 15 years. Under the contract, White agreed "not to allow other machines on the premises without the express written consent of [Brown]." Brown placed the machines in White's stores as the contract provided.

In 1993, the state legislature enacted a local option law as part of the Video Game Machines Act, permitting counties to hold an individual referendum to determine whether cash payouts for video gaming should remain legal. As a result of local referenda held in November 1994, 12 counties, including Oconee and Anderson, voted to ban cash payouts. The South Carolina Department of Revenue revoked the licenses required to operate the machines Brown had placed in White's stores, effective July 1, 1995, as required by the Act. Consequently, Brown removed the video poker machines from White's stores. Brown did not replace the machines with any other coinoperated amusement machines. In November 1996, the South Carolina Supreme Court struck down the local option law contained in the Act as unconstitutional. Given this Court's ruling, Brown planned to return the video poker machines to White's stores, but White informed Brown that the contract was no longer valid. White then filed suit seeking to have the contract declared void and unenforceable so that he would be free to sign a contract with another provider of legal video and amusement machines. Approximately one month after filing suit, White entered into an agreement with Hughes Entertainment, Inc. giving Hughes exclusive rights to place "all video game terminals and all coin operated music and amusement machines" in 12 of the same stores listed in the Brown contract. Was White's duty to perform the contract with Brown excused?

Reference no: EM131657603

Questions Cloud

Expected outcomes for these agars : If a sample from a leg wound arrives and bacteria is speculated, why would the sample be streaked onto each of the following agars
Why are powhatan women unlikely to be drudges : How might "women's work" lead to women having independence, power, and control over their daily lives in real and practical terms?
Describe two examples of vestigial structures : Describe two examples of vestigial structures, at least one of which is an exaptation.
Obesity and high cholesterol : Choose a minority group in our dominant North American culture that is discriminated against and their particular obstacles or challenges.
Was white duty to perform the contract with brown excused : Approximately one month after filing suit, White entered into an agreement with Hughes Entertainment, Inc. giving Hughes exclusive rights to place.
What error likely occurred in the pcr reaction : The letter at the top of each column is the abbreviation for the longer name written at the bottom right. Explain what is wrong with the results.
Reason for lack of satisfaction with performance : Silvestri brought a breach of contract action, alleging that there was no objective reason for lack of satisfaction with his performance.
Before you would reject the project : How high can the discount rate be before you would reject the project?
Does the contract of employment give lewis the right : Lewis filed an attorney's lien and sued Smith for $5,000, which represented 40 percent of the rejected $12,500 settlement that he negotiated, plus the $883.44.

Reviews

Write a Review

Business Law and Ethics Questions & Answers

  What constitutes a person in partnership law

When does profit sharing not create a partnership?- What constitutes a person in partnership law?- What are the different views of specific partnership property in partnership law?

  What will be the consequence of waldmart ltd

BLO 2205 CORPORATE LAW ASSIGNMENT. what will be the consequence of Waldmart Ltd and its director

  Describe the prisons

Create a matrix using Microsoft Excel or Word, and create a PowerPoint in which you describe the prisons where the following individuals were incarcerated: Martha Stewart and Ivan Boesky

  What are five elements pertaining to the establishment of a

what are five elements pertaining to the establishment of a false claim under the false claims act? hipaa privacy

  Does the family and medical leave act go far enough

Does the Family and Medical Leave Act go far enough? Too far? What, if any, changes would you make to the FMLA

  Discuss the crime of false imprisonment

Discuss the crime of false imprisonment. Next, debate whether or not the suggested change in Question 3 would allow the court to convict the attacker in order to punish him. Provide a rationale to support your response

  In what way does nicole eramo claim that rolling stone

In what way(s) does Nicole Eramo claim that Rolling Stone magazine defamed her? Assuming that Nicole Eramo's allegations against Rolling Stone are true, is the magazine nevertheless free from liability due to the First Amendment to the United State..

  Explain how you would apply the copps concept to the

officers assigned to your district have been responding to a number of noise complaints reckless driving and fight

  Explain in detail the slippery slope

Explain in detail the "slippery slope" and its relationship to gratuities, using examples. Explain each of the following theories regarding public corruption.

  Ethical and legal considerations facing elaine

Discuss the advantages and disadvantages of each decision that Elaine has made and what are the ethical and legal considerations facing Elaine, Dennis, and UBC?

  Current taxation ruling about a specific concept

You are required to choose a current taxation ruling about a specific concept/issue that we address in this unit ACC00717. Your ruling must be different to other students.

  Is heavy iron works company going to be liable

Sally wants to file a sexual harassment claim against her employer. Are there any further actions that she should take before filing that claim that would help her situation or make her case stronger? Is Heavy Iron Works Company going to be liable fo..

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