Legal 210 Case Analysis 4

Legal 210 Case Analysis 4

1. On January 28, 2011 Popple Construction Inc. filed a lawsuit against the borough of Archbald which is located in Pennsylvania.   Popple Construction claims that Archbald breached a contract signed back in 2008 for excavation of local project.   Popple claims that the borough never paid the company and is seeking more than $545,700 in fees, interest, penalties and lawyer fees.
2. Popple and Archbald renegotiated the terms of the contract after Popple realized the excavation amount exceed 17,000 cubic yards, which was the amount to be excavated in the original contract.   After renegotiation, Popple and Archbald agreed to reduce the price per cubic yard.   Although Archbald has paid some of the money to Popple it still owes more.   In other words, Archbald needs to discharge the contract with Popple. There are several ways to discharge a contract but I think only one way will work here and that is to discharge by performance.   This is the normal way for one to fulfill a contract and that means Archbald would have to pay Popple the amount of money owed.   (Cross & Miller, p. 322).
3. Popple may be entitled to compensatory damages in this particular case.   Compensatory damages are damages that compensate the non-breaching party for the loss of bargain.   (Cross & Miller, p. 332).   In this case Popple incurred damages and expenses from the breach of contract which were attorney fees and interest fees.   The contract between Popple and Archbald may have also stipulated a penalty, which is an amount to be paid in the event of a breach of contract.   (Cross & Miller, p. 335).
4. Some defenses to breach of contract include the fact that the contract was unlawful or that the opposing party was pressured into the contract fraudulently.   Another defense could be the fact that there were changes made to the contract, however, Archbald did agree to those terms.   From reading this case it doesn’t look like Archbald has much of a case.   It appears as though Popple was more than...