- Which statement is correct?
- Any nonperformance when performance is due is a breach.
- A party has not breached if he has substantially performed.
- If a court determines that a party has substantially performed, then the other party
- has the right to terminate the contract.
- has the right to suspend performance.
- has no rights.
- may seek damages for any loss caused by the breach.
- If enforced by the court, what is the typical effect of a “time is of the essence” clause?
- A partially breaching party who is late in performing is given time to cure the breach.
- The clause negates the right of the breaching party to cure if he is late in performance
In preparation for the hurricane season, Barney, who owns beachfront property in Florida, enters into a contract with XYZ Contractors to have a wall built to prevent waves from reaching his house. The contract requires that the wall be finished by June 1, which is the start of the hurricane season. The contract has a clause that states “time is of the essence.” During the last week of May, the wall is still 30% incomplete. Even if XYZ Contractors worked around the clock, it would miss the June 1 deadline—a fact that XYZ acknowledges. Barney terminates the contract and hires another contractor to finish the wall.Continue reading
You are a branding company that wants to sign a one year contract with a production and printing company. The branding company would like the production company to print bags, stickers, boxes, wrapping papers, t-shirts, cups, books, posters and other objects for the branding company as well as the clients under the branding company. Write a formal letter making this request. Make sure to put sizes for the bags and stickers (small, medium, large, square or circle stickers etc. or include sizes in cm, inches or meter for one of the objects).Continue reading
You are a trainee solicitor at Ulaws LLP, of 1 High Street, Cheston, CH4 1TS. You have received the attached email and documents from Simon Dexter, your supervisor. Carry out the instructions set out in Simon’s email.
To: [You]From: Simon Dexter (Simon.Dexter@ulaws.com)
Sent: 4 January 2021
Subject: Outdoor Dreams Limited (ref 15962.45)
We have been instructed by Outdoor Dreams Limited (‘the Company’). The Company is a garden centre which has diversified into outdoor furniture, hot tubs and garden design. It has also enjoyed a lot of success by running classes in horticulture, garden design, flower arranging etc. A Company information sheet is attached as Document
The Company has agreed to buy Celia Vickers’ business, Radagast Woodcarvery (‘RW’). Celia set up her business as a sole trader 5 years ago, offering wood carving tuition. The directors feel that RW will be a good fit with the Company’s existing operations. RW is valued at £150,000 and the Company will offer Celia 25,000 ordinary £1 shares (each worth £5) and 5,000 £5 cumulative non-participating 5% preference shares, in return for the business.
Tolkien Transport is currently based in Leeds but has plans to expand its operations by setting up another depot in the south of England. The management team has identified four possible locations for the depot and these are listed in the decision matrix below. As a first step they have decided to use a multi-criteria analysis (MCA) to rank the options. After much discussion, the team have decided on three key criteria (Cost, Accessibility and Environmental Impact) against which to judge the options and have agreed on the ratings shown in the matrix, below (running from 4 for the best to 1 for worst under each criterion). The criteria have been weighted as follows: Cost (0.45), Accessibility (0.35) and Environmental Impact (0.2).Continue reading
Based on the course readings and websites, categorize Israel’s ability to collect intelligence in each of the five disciplines (OSINT, GEOINT, HUMINT, MASINT, SIGINT, and cyber) against hostile nations or organizations as either (1) highly capable; (2) capable; or (3) marginally capable. Be sure your response clearly identifies the specific organization, bureau, or responsible for performing the associated collection.
You are a person working in a team, you have not been working as hard as you normally do/can recently. You should write an email to your manager apologizing for your recent lack of ‘commitment’. You should explain the reasons for this lack of commitment and what you will do to remedy this situation.
You are a manager, and you need to express dissatisfaction with one of the people in your team. Explain why the person’s work is not good enough in detail and give examples. You should also explain what the person needs to do to improve their ‘performance’ / behavior.
What are some signs/ behaviors to note in observing anxiousness in young children? How are these behaviors different from behaviors of this sort we often see in young children?
How can play and the 3 general classroom management techniques discussed in the article be helpful in addressing children’s anxiety?Continue reading
What type of store would you consider starting? (coffee shop? pet shop? gift shop?) Describe it in about three sentences, detailing your type of inventory (products/services).
What things do you consider when setting a price for your products/services? Name at least TWO things to consider. (Your answers must parallel what you are studying/reading in the chapter.)