Scenario 1 - Foodmart

In: Business and Management

Submitted By Remark72
Words 902
Pages 4
Scenario #1
Masterpiece wins this lawsuit because there has been no material breach of the contract. Therefore, specific performance is not available as a remedy. A contract is an agreement between two parties that creates an obligation to do or not do something. Therefore, a breach of contract occurs when one or more of the parties fail to honor his or her responsibilities of the contract; thereby subjugating himself or herself to the legal system (“Breach of contract,” 2011). If one or more party (responsible for the completion of the contract) has failed to perform, made it impossible for the other party to perform, or made it known that there is a purposeful intent not to perform, that party has breached its contract.
One remedy available for breach of contract is specific performance. Specific performance is a court order that requires a performance to be exactly as it is written in the contract (“Specific performance,” 2011). This action only occurs during real estate transactions and other unique properties, otherwise the situation is minimal. Specific performance is rare because the courts do not like the responsibility of monitoring performance. So under the assumption that there has been a breach of contract, specific performance would not be a likely remedy. Also damages would be awarded to Foodmart to help bring the building renovations up to standard.
In this scenario, the contract between Foodmart and Masterpiece was not breached because Masterpiece performed the building renovations that were required under their contractual agreement. However, Masterpiece delegated their duties to another company, Build Them to Fall Construction. Build Them to Fall's performance under the current contract was sub-par.
The basic definition of delegation is the transference of duties and obligations of a contract. A contract requires a person to perform some type…...

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