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Posted: May 18th, 2022
Learn the case examine beneath and reply the questions beneath.
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CHAPTER: Performance and Breach of Contracts
CASE STUDY
On April 13 the Barclays signed an settlement to buy sure property owned by the Taylors for the sum of $15,500. The acquisition and sale settlement didn’t specify a kind of cost besides that the purchasers have been to pay a deposit of $500 in money and the steadiness on closing. The date of closing was set out within the settlement as July 1. The settlement additionally contained the next provision:
This sale is conditional for a interval of 15 days from the date of acceptance upon the Purchaser with the ability to receive a primary mortgage within the quantity of ten thousand ($10,000); in any other case, this settlement shall be null and void and all deposit monies shall be returned to the Purchaser with out curiosity or penalty. This Sale can also be conditional for a interval of 15 days from the date of acceptance upon the Purchaser with the ability to safe a second mortgage within the quantity of $2,500 for a interval of 5 (5) years; in any other case, this settlement shall be null and void and all deposit monies shall be returned to the Purchaser with out curiosity or penalty.
The Barclays have been capable of prepare for a primary mortgage of $12,000 and on April 28 a discover within the following kind was delivered to the Taylors:
That is to inform you that the situation specified within the settlement of buy and sale between the Distributors and Purchasers has been met. The transaction will due to this fact shut as per the settlement.
On July 1 the Barclays offered a licensed cheque to the Taylors within the quantity of $15,000. The Taylors, nevertheless, refused to ship the deed to the Barclays on the grounds that the situation within the buy and sale settlement had not been complied with. The Barclays then instituted authorized motion towards the Taylors.
Focus on the character of this motion and the defenses, if any, which may be raised. Render a choice.
Grading Rubric
Poor
zero pts F equal Common
50 pts C equal Exemplary
100 pts A equal
Identification
Establish the authorized points within the circumstances
1 Mark Poor
Identifies & understands virtually none of the problems offered within the case examine Common
Identifies & understands some of the principle points within the case examine Exemplary
Identifies & understands virtually all of the principle points within the case examine
Legal guidelines and Precedents
Establish the legal guidelines and authorized precedents that pertain to the authorized points
2 Mark Poor
Identifies, demonstrates and/or understands none of legal guidelines and authorized precedents for the case examine Common
Identifies, demonstrates and/or understands some of legal guidelines and authorized precedents for the case examine Exemplary
Identifies, demonstrates and/or understands all of legal guidelines and authorized precedents for the case examine
Assessment of Points
For every situation, evaluate each present laws and case regulation with the details offered on this case.
three Marks Poor
Was not capable of analyze the problems utilizing details offered, legal guidelines and case precedents and/or was not capable of separate points for Assessment. Common
Considerably thorough Assessment of the problems offered utilizing the details offered, legal guidelines and case precedents and dealt with every of the problems individually previous to coming to a grand or common decision Exemplary
Very thorough and insightful Assessment of every of the the problems utilizing the legal guidelines and precedents and dealt with every of the problems individually previous to coming to a grand or common decision
Solutions
For every situation offered, and primarily based upon present regulation. talk about and decide how every situation must be resolved.
three Mark Poor
Didn’t decide on the problems offered primarily based on precedent, and didn’t defend the case Common
Considerably clearly decided primarily based on the problems and precedent Exemplary
Clearly decided primarily based on the problems and precedent – i.e., demonstrated mastery of the method
Cause for Reply
Was capable of talk logically why he/she selected the winner within the case.
1 Mark Poor
Didn’t defend the case Common
Logically defined determination within the case on a fundamental stage. Exemplary
Completely and logically defined determination within the case.
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