STUDYSHIELDS ASSIGNMENT HELP

  • Home
  • Blog
  • Courses
    • Child Category 1
    • Child Category 2
    • Child Category 3
    • Child Category 4
  • Services
  • Country
    • Childcare
    • Doctors
  • Home
  • Blog
  • Sample Works
  • Order Now

Monday, January 25, 2016

Breach of Contract Scenarios

 January 25, 2016     No comments   


You are the Chief Operating Officer of Littleco. Over lunch, the President of Bigco offers to sell Littleco a piece of fully depreciated manufacturing equipment you need for your production line for $1,000. You tell the President of Bigco that you willbuy it, and you shake on it. The Bigco President later changes his mind and decides to keep the equipment. Littleco sues Bigco for breach of contract. Assume that the Uniform Commercial Code does not apply.
1. What remedies can Littleco seek against Bigco?
2. What defenses can Bigco assert?
Littleco sells widgets to Bigco that Bigco uses in its manufacturing process to make a final product, which Bigco sells to retail consumers. Bigco runs into financial difficulty, and Bigco stops making payments to Littleco. Because Bigco fails to make payments to Littleco, Littleco becomes insolvent and is forced to file a petition in bankruptcy. Littleco sues.
3. What remedies can Littleco seek against Bigco?
4. Littleco believes that Bigco should be punished for forcing Littleco into bankruptcy and demands punitive damages as well as payment of Littleco's costs and attorneys' fees related to both the lawsuit and the bankruptcy proceeding. Will Littleco be able to recover these damages? Why or why not?
5. Littleco wants to file for an injunction to prevent Bigco from selling products that include Littleco's widgets. Will the courts issue an injunction or restraining order? Why or why not?
Rural Hospital believes that it needs the services of a surgeon to serve its market. Rural Hospital invites the surgeon to come to its community for an interview. During the interview, the Hospital Administrator orally advises the surgeon that she believes that there are enough patients to create a successful surgery practice. Rural Hospital also offers to provide an eighteen-month income guarantee through which Rural Hospital will loan funds to the surgeon until the practice is successful, and the parties enter into a loan agreement and promissory note to memorialize the loan. The loan agreement provides that the loan will be forgiven if the surgeon remains in the community for four years. The surgeon and his family move 1,000 miles to relocate to the Rural Hospital community. However, the other physicians in the community decide that they do not like the surgeon, and the other physicians refer their patients to surgeons in urban medical centers. After six months, it is clear to the surgeon that he will be unable to develop a successful practice in the Rural Hospital community, and he is fortunate to be able to return to his old practice 1,000 miles away. Rural Hospital sues the surgeon for repayment of funds advanced under the loan agreement and promissory note.
6. What remedies will Rural Hospital seek from the surgeon?
7. What defenses could the surgeon raise?
8. What clause or clauses in the loan agreement should be reviewed by the parties to determine their respective rights and obligations?
  • Share This:  
  •  Facebook
  •  Twitter
  •  Google+
  •  Stumble
  •  Digg
Email ThisBlogThis!Share to XShare to Facebook
Newer Post Older Post Home

0 comments:

Post a Comment

Click Here to Place order

Popular Posts

  • A “criminal minds” Aileen Wournos individual will be your “patient”
     A “criminal minds” Aileen Wournos individual will be your “patient”  A brief history of the patient including diagnoses (documented or your...
  • CEO Jane Lionel has some hard decisions to make with regard to some of the company’
     CEO Jane Lionel has some hard decisions to make with regard to some of the company’solder hands, and even on the eve of that decision, I be...
  • Problem in Supply Chain
    Problem in Supply Chain Problem 2. (Chapter 11: The Storage and Handling System) Compare the constrast private ownership of storage space to...

Recent Posts

Unordered List

Pages

  • Home

Text Widget

Blog Archive

  • November 2022 (20)
  • October 2022 (50)
  • September 2022 (119)
  • August 2022 (107)
  • February 2022 (501)
  • January 2022 (443)
  • December 2021 (488)
  • November 2021 (1574)
  • October 2021 (28)
  • September 2021 (11)
  • July 2021 (8)
  • June 2021 (15)
  • May 2021 (39)
  • April 2021 (15)
  • March 2021 (303)
  • February 2021 (712)
  • January 2021 (903)
  • December 2020 (2)
  • September 2020 (33)
  • April 2016 (5183)
  • March 2016 (3763)
  • February 2016 (4356)
  • January 2016 (1749)
  • December 2015 (22)
  • November 2015 (147)
  • October 2015 (23)

Sample Text

Copyright © STUDYSHIELDS ASSIGNMENT HELP | Powered by Blogger
Design by Hardeep Asrani | Blogger Theme by NewBloggerThemes.com | Distributed By Gooyaabi Templates