Contract negotiation and performance
Order Instructions
The purpose of the writing assignment is to assess each student’s ability to read a case or statute
and extrapolate the legal and ethical principles discussed and expounded therein and apply those
principles to factual situations.
Contract negotiation and performance gives rise to many possible legal and ethical dilemmas,
particularly when the circumstances that led the parties to contract in the first place have changed.
Parties may feel forced, by the circumstances surrounding a contract negotiation or performance,
to accept terms they feel have changed and become unfair. This presents legal problems concerning
the enforcement or enforceability contracts. Before the Courts confront these dilemmas in lawsuits,
the parties confront ethical dilemmas concerning how they should resolve these legal issues.
This case study will look at the ethical and legal dilemmas associated with the defense of
commercial impracticability, also known as frustration of purpose. You will need to find and
discuss two Florida Court opinions regarding the defense of commercial impracticability.
For each case, you must provide the following: 1) a brief recitation of the facts of the case,
indicating the identities of the parties, their relationship; 2) a brief recitation of the issue(s)
considered by the court as it analyzes the respective rights and responsibilities of the parties; 3) a
summary of the court’s decision on the issue and the reason why the court came to this decision;
and 4) a discussion of the ethical issues involved. The court might not itself consider the ethics of
the contract or the relationship between the parties. However, I ask that you consider the ethics of
the following: a) was there a breach of contract? b) what was the reason why the party or parties
sought to avoid the contract? c) was this reason known or anticipated by the parties to the contract?
d) ethical for the party or parties to withhold performance? e) and why or why not?
For each case you are citing, you will need to provide me with a case citation, as well as the source
for your case, whether it be a legal text, a website, or some other source. This assignment must be
at least 1,000 words long, but may not exceed 2,000 words. Each student must turn in their own
assignment. This is not a group assignment.
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