Submitted by funsize23 on 04/22/2009 07:25 PM Flag This Paper
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Grocery, Inc.
Several employees of Grocery, Inc. have found themselves in peculiar circumstances, each in separate contract disputes. Some are contractual disputes within the company and some are outside of Grocery, Inc. The first involves Grocery, Inc. and a contractor, Masterpiece Construction, who was hired to do a job, yet ended up subcontracting the work to another company who did very lousy work. Grocery, Inc. decided to sure Masterpiece Construction. The second contractual dispute involved Grocery, Inc. employee Jeff Fresh who purchased a car from Smooth Sales Used Cars and later decided to cancel his auto contract. The catch here is that Jess was underage. Another contractual dispute involved Grocery employee Tom Green who had a verbal contract with Harry to purchase his trains. Tom ended up selling them to someone else and Harry sued. The final contract involves a customer dispute at Grocery, Inc. where the terms of an online agreement appear to be broken causing a contractual dispute with customer George. These contractual disputes appear to all be in breach and will need to be carefully analyzed in order to find appropriate solutions to each.
Grocery, Inc. vs. Masterpiece Construction
Grocery, Inc. cannot sue for breach of contract, unless there was an antidelegation clause that prohibited delegation. Masterpiece Construction could not hide behind the doctrine of commercial impracticability because the nonperformance would have to be excused by an extreme or unexpected development of expense. Masterpiece knowingly and willingly took on other jobs. There were also no unexpected expenses associated with the Grocery, Inc job. Masterpiece Construction was within their legal rights under Delegation of Duties to transfer the duties to a subcontractor. Delegations of Duties classify “whether duties to be performed under a contract to be delegated to someone else must be examined on a case-by –case. Routines duties, that is, duties that do...