Provide an Analysis of Excuse of Performance in a Contract
Order InstructionsMust be completed by writer 87284! & BLUEBOOK standard format & citations !
Please look at feedback before doing the assignment!
Feedback: Restatements: Please review my “news” posting in this course, you want to limit your use of a Restatement as a source which is not a binding legal authority. The same goes for citing a book on contracts; While good for discussion, those sources are not binding on a court/judge and should not be cited as your primary sources for any legal analysis.
Sources: You cited sources which are over 30 years old and have now been replaced by much more recent cases. You want to be careful with citing cases, and preferably to focus on using more recent caselaw so your analysis is correct.
Discussion Continued:
For this week, we expanded into a discussion of the concept of “breach of contract”. As you can see, there can be major difference between completing the major objectives of a contract and some minor aspects of an agreement not completed (such as minor corrections needed) versus a material breach of contract situation where the main purpose of the contract was not fulfilled completed by the breaching party who failed to fulfill their contractual obligation.
In terms of how you are doing your analysis and explanation, you are improving greatly in terms of breaking down the fact pattern and then applying contract law here.
Area of Improvement:
Citations: You need to cite much more frequently and sooner. For example, you are discussing material breach for a few paragraphs and then finally list the Full source. You need to have a citation for each sentence where you are referencing information from a source. Even if you are using the same source repeatedly, you would still need to provide a citation at the end of each sentence. If you need assistance on how to cite the same source repeatedly, please let me know.
Expectations: Improvements with consistent citations in the next assignment.
If you have any further questions, please let me know.
Assignment:Rosie the Florist is a client of your law firm. The Spring Festival is one of the biggest events of the year, with many local businesses creating large displays at the event. Jacy’s Department Store is known for having the most elaborate of all the displays for Spring Festival. The Jacy’s display is always located at the small plaza that is next to the department store. Rosie had entered into a valid contract with Jacy’s in order to supply the flowers for their display. In the contract, it is clearly stated that Jacy’s order consists of large quantities of three main types of flowers: 1) peonies, 2) gladiolas, and 3) marigolds. The contract did not specify alternate types of flowers. The contract states that Rosie needs to deliver the flowers to Jacy’s on April 11, the day before the Spring Festival.
On April 4, Rosie received word from Poppy’s Peonies, her longtime supplier of peonies, that there was a flood that had destroyed their peony crop and they would not be able to deliver the peonies. Rosie started looking elsewhere for peonies and could not find anyone else who could supply the peonies on that timeline, although another supplier had ranunculus, a flower that is often used as a replacement for peonies. Rosie was planning to ask Jacy’s about the replacement. However, she then realized that there was a problem with her marigold supplier, Mum’s Marigolds. She had been looking at Mum’s website on April 8 to check on her order and noticed a small notice that informed customers that Mum’s was now using Junko’s pesticide on their flowers. Junko’s pesticide had ingredients that had been banned within Rosie’s town (Mum’s is in a different town). This meant Rosie would not be able to get her flowers from Mum’s and it was too close to Spring Festival to get a replacement. Only the gladiolas were going to be good to go, and Rosie already paid her supplier for the gladiolas.
On April 9, Jacy’s received word that there is a leak in a pipe running under the plaza where they usually perform their display. This leak would need immediate repair, which would take at least 2 days – so their plans to have the display there would not work and they did not think that there was another available space that could be identified quickly enough.
Your supervising attorney asks you to take a look at the breach of contract issues – mainly whether there were excuses for performance that would apply to the situations. Does an excuse for performance apply to Poppy’s inability to deliver the peonies to Rosie? Does Rosie’s inability to deliver peonies or marigolds to Jacy’s fall under a valid excuse of performance? If Jacy’s said that it does not need to perform its obligations under the contract because of the plaza repairs, would that be excused? The supervising attorney does not want a memo – instead, she asks you to put together a PowerPoint focusing on the excuse for performance issues (for example, impracticality, impossibility, illegality, the frustration of purpose). You should use the function available in PowerPoint to record audio of you explaining the issues verbally, along with the slides. Many times, lawyers or legal assistants are asked to verbally explain their take on legal analysis, and so this exercise should demonstrate your ability to explain the issues along with your PowerPoint. You should identify and cite at least three judicial opinions to help illustrate and support your analysis.
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Slides must have notes & accompanying audio
References: Include five scholarly/legal references in your assignment.
Your assignment should demonstrate an understanding of legal research and writing. You should use critical thinking, practical application and analytical reasoning in completing the assignment. In addition, the assignment should display a good understanding of the substantive content, and demonstrate your ability to communicate information clearly, effectively, and in an appropriate tone. BLUEBOOK standards for legal formatting and citation should be adhered to in this assignment.
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