ASSIGNMENT DESCRIPTION AND GUIDANCE
Assignment Description
This assignment engages the student in applying their knowledge of contract law principles and engages the student in analyzing and interpreting various scenarios relating to contract law.
Part A
Sara needs her car repaired before she leaves for a business trip on December 15. She takes it to Speedy Repair, where she agrees to pay $500, and Speedy Repair agrees to have her car ready for December 14. On December 12, Speedy Repair telephones Sara to tell her that the repairs are behind schedule and it does not think it can have the car ready by December 14 as promised. Sara is frantic and offers them an additional $500 to have the car ready for December 14. Speedy Repair agrees and offers to throw in a car wash and wax for good business relations. Speedy Repairs mechanics work overtime and the car is ready by December 14, as well as being shiny and clean. Sara then refuses to pay the extra $500. Is Speedy Repair entitled to the additional $500? Explain.
Part B
Extreme Skiing Company, a company that specializes in ski trips, offers a heli-skiing trip that involves a helicopter ride to a remote mountain slope. The price of $1,000 per person, which includes hotel, meals, and helicopter transportation, is advertised in a skiing magazine. In response to the advertisement, Allyson calls Extreme Skiing and agrees over the telephone that she and Matthias will join the trip. Extreme Skiings representative says he will mail the enrollment forms to Allyson and Matthias. Allyson agrees that she and Matthias will meet the trip operators at the hotel the day before the trip. Two weeks before the trip date, Allyson and Matthias receive and complete the enrollment forms. They mail the forms back to Extreme Skiing along with the payment price. These are received by the company one week before the trip.
Allyson and Matthias go to the designated hotel the day before the trip. As they and the other eight participants assemble in the hotel lobby, the trip operators hand out forms entitled Standard Release and Waiver of Liability and ask each participant to sign one. The form states that ExtremeSkiing is not responsible for any losses or damages suffered by the participants for any reason, including negligence on the part of the company.
Allyson and Matthias are reluctant to sign the form but are told that unless they do so they will not be allowed to go on the trip. Finally, they sign the form. The next day, all the participants are taken by helicopter to the ski slope.
During the course of the ski trip, there is an avalanche and Allyson suffers a broken leg as a result. Matthias also loses all his ski equipment. An investigation reveals that there had been an avalanche warning about the area into which the participants were flown, and that Extreme Skiing ought to have been aware of this warning.
What is the main contract issue that arises in this fact situation? Discuss why it is an issue in accordance with contract law principles.
Part C
Cheryl contracts to sell her moped to Jean for $900. However, a few days before Jean is supposed to pick up the moped, Cheryl phones to tell her that she has changed her mind and no longer wants to sell it. Jean is concerned, because to buy the same or similar moped elsewhere would cost at least $1,200. How would you characterize the breach committed by Cheryl? What remedies are available to Jean? If she claims damages, how would she calculate such damages? Would such damages be liquidated or unliquidated?
Assignment Steps
Review the assignment instructions and rubric to ensure you understand the requirements and expectations.
Draft your submissions in the format of a legal opinion letter. Adopt the structure of the questions and deal with each part separately.
Submissions should be double spaced, 12-point font, 1-inch margins and a maximum of 4 pages.
Ensure that your documents are presentable to the reader. For example, proper formatting for the type of letter you are drafting.
Double-check your submission for completeness and accuracy.