Construction law basics 1103041

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Dan Schleck

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Show Me My Money (Reisenfeld & Company v. The Network Group Inc., p. 313) Why does the court see this case as involving a quasi-contract as opposed to an actual contract? What other case law does the court rely on in finding precedent/support for compensating Reisenfeld? Does this decision appear to follow the golden rule guideline set forth in Chapter 2 (pp. 27 and 28)? Describe another example of an implied-in-fact or quasi-contract that you have experienced or is mentioned in the text. Note: please read all the information correctly before you begin the assignment I have also copy and paste pages 27 and 28 that you would need to complete the assignment. CASE 13-3 REISENFELD & CO. v. THE NETWORK GROUP, INC.; BUILDERS SQUARE, INC.; KMART CORP. U.S. COURT OF APPEALS FOR THE SIXTH CIRCUIT 277 F.3d 856 U.S. App. (2002) Network Group (“Network”) was contracted by BSI to assist in selling or subleasing closed Kmart stores in Ohio. A few years later, Network entered into a commission agreement with Reisenfeld, a real estate broker for Dick's Clothing and Sporting Goods (“Dicks”). Dicks then subleased two stores from BSI. According to executed assignment and assumption agreements signed in November of 1994, BSI was to pay a commission to Network. Network was then responsible, pursuant to the commission agreement with Reisenfeld, to pay a commission of $1 per square foot to Reisenfeld. There was no direct agreement made between BSI and Reisenfeld. During this time, Network's sole shareholder was defrauding BSI. This shareholder was convicted of several criminal charges stemming from his fraudulent acts. Network was ordered by the district court to disgorge any commissions received from BSI, and BSI was relieved of any duty to pay additional commissions to Network. As such, Reisenfeld never received his commission related to the Dicks sublease. Reisenfeld sued in state court for the $160,320 in commissions he had not been paid. In addition to suing Network, Reisenfeld also named BSI as a defendant. The suit alleged, among other things, that based on a theory of quasi-contracts, BSI was jointly and severally liable for the commission. JUDGE BOOGS: . . . A contract implied-in-law, or “quasi-contract,” is not a true contract, but instead a liability imposed by courts in order to prevent unjust enrichment. … Under Ohio law, there are three elements for a quasi-contract claim. There must be: (1) a benefit conferred by the plaintiff upon the defendant; (2) knowledge by the defendant of the benefit; and (3) retention of the benefit by the defendant under circumstances where it would be unjust to do so without payment. … There is no disagreement as to the first two requirements. It is clear that Reisenfeld's work as broker benefited BSI and that BSI was aware of the work Reisenfeld was doing. The disagreement rests on the third requirement—whether it would be unjust for BSI to retain the benefit it received without paying Reisenfeld for it. … U.

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In the cae below identify the subject matter of the controversy, whether the common law or the UCC (Artlce 2) would cover the contractual issues, and explain the reasons for your conclusions. Also, discuss when, in general, the UCC (Article 2) governs contracts and when the common law governs. Kurt N. Aslakson, et al., Appellants, v. Home Savings Association, Respondent, Upper Northwest Payment Plans Co., Respondent No. C6-87-1497 Court of Appeals of Minnesota 416 N.W.2d 786; 1987 Minn. App. LEXIS 5110; 6 U.C.C. Rep. Serv. 2d (Callaghan) 35 December 3, 1987, Decided December 15, 1987, Filed PRIOR HISTORY: [**1] Appeal from Hennepin County, District Court, Hon. Ann Montgomery, Judge. DISPOSITION: Affirmed. CASE SUMMARY: PROCEDURAL POSTURE: Appellant homeowners sought review of the decision from the Hennepin County, District Court (Minnesota), which granted summary judgment in favor of respondents, savings association and payment plan, on the homeowners\' claim of tortious interference with contract. OVERVIEW: The homeowners entered into a conditional sales contract to purchase a mobile home. Subsequently the contract was assigned to the savings associationThe homeowners argued that thetrial court erred in determining, as a matter of law, that their claims of wrongful interference with contracts were invalid. The court determined that the trial court had correctly determined that a contract between the homeowners and a subsequent buyer could not arise absent performance of a condition precedent, which was the approval of the subsequent buyer\'s assumption of the loan. Even if this court were to determine that valid contracts existed between the homeowners and prospective buyers, the issue of justification would have to be addressed and the savings association and payment plan would have prevailed. Credit checks and equity interests were commercially reasonable assurances and could not be met by the prospective buyers. The savings association and payment plan were within their right to refuse the assignment. OUTCOME: The court affirmed the decision from the trial court. CORE TERMS: mobile home, materially, prospective buyer, breach of contract, assignee, buyer\'s, purchase agreement, assignor, summary judgment, down payment, substantial interest, conditional, assurances, assigned, inducing, delegate, condition precedent, contractual, contingent, delegation, tortious interference, credit check, right to refuse, wrongful interference, contractual duties, equity interest, delegating, purchaser, happening, default LexisNexis(R) Headnotes 1 of 7 4/4/12 5:11 PM http://www.lexisnexis.com/lnacui2api/delivery/PrintDoc.do?jo... Torts > Business Torts > Commercial Interference > Contracts > General Overview [HN1] \"Interference with contract\" is somewhat broader than \"inducing breach of contract\" in that the former includes any act injuring or destroying persons or property which retards, makes more difficult, or prevents performance, or makes performan.

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Running Head: ELEMENTS OF A CONTRACT 1 ELEMENTS OF A CONTRACT 6 Elements of a Contract BUS 670 Legal Environment 12/11/17 Elements of a Contract A contract of employment refers to the agreement between the employer and employee that forms the basis for an employment relationship. In most cases, a contract takes effect as soon as an employee employment offer is accepted. By starting to work ideally demonstrates that the employee has accepted the employer’s terms and conditions bade. However, an existing employment contract can only be varied with the understanding of both parties. To grasp entropy behind varying or changing a contract. Contract cancellation occurs when either party involved ends a contract supposedly for a violation by the other. The party that cancels that contract retains any remediation for the violation of the contract. When one party breaches the terms and conditions of the signed contract, the other concerned party bears the right to cancel. As such, the integral contract may be rolled down, refunding of previously payments and ending any remaining obligations. Contract termination falls out when either party involved ends a contract in other respects prior to a breach as perceived by the scenario. With this integral occurrence, any components of a contract that had initially to be accomplished will be left behind, but any future obligations that are not yet carried out will cease. However, like the binding of the contract, the requisite elements of contract terms that must be established in order to demonstrate the legal formality for the process involves; offer, acceptance, consideration, mutuality of obligation and competency (Tepper, 2014). About to offer, it is crucial to check out the terms and conditions of the agreement of a termination or rescission clause. Recession basically relates to the act of rescinding; the cancellation of a contract and the return of the parties to the positions they would have had if the contract had not been made (Morawetz, 1925). Some contractual agreements might automatically terminate the contract after a fixed event or term while some can be canceled officially without the permission of another party. If the contractual agreement is arranged to terminate within the near future, then one might only allow the contract to lapse. All the same, if the contract agreement has a friendly rescission clause, then contract termination may not be of the essence. Following the apprehension of the terms and condition, one is thereby expected to verify whether the agreement is accorded a notice provision. Much of contractual agreements require that all established correspondence among the parties involved be executed through communication in writing. Set off the address of o.

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11/26/2014 The Legal Environment of Business, Ch. 6 - Learning Activity - Week3 - LAW/421 - eCampus https://newclassroom3.phoenix.edu/Classroom/ToolContainer.jsp?context=co&contextId=OSIRIS:44425562&activityId=96f01290-3b42-490d-be28-e6f95540138d… 1/24 Overview and Formation of Contracts Learning Outcomes Checklist After studying this chapter, students who have mastered the material will be able to: Distinguish between contracts based on categories and apply the correct source of law to specific contracts. Explain the concept of mutual assent by defining the legal requirement of agreement. Identify and explain the other requirements for the formation of a valid contract. List the events that terminate the power of acceptance and distinguish between termination through action of the parties versus operation of law. Apply the mailbox rule to resolve a question of when acceptance is effective. Articulate the legal requirement of consideration and identify which contracts do not require consideration. Give examples of circumstances where the legal requirements of capacity or legality are at issue. Explain the concept of enforceability and geniune assent. Categorize what contracts must be in writing to be enforceable and explain the minimum required terms that satisfy the law. The law of contracts is one of the most common and important areas of the law that business owners and managers deal with on a dayto day basis. Everyone working in a business environment will, in one form or another, deal with contracts throughout their career. Employment contracts, leases, and agreements of sale for assets or land or merchandise are just a few examples of contracts commonly used in business transactions. The simple act of purchasing office supplies from a local merchant is a form of agreement governed by contract law. Formation and legal enforcement of agreements have been recognized since ancient times. As early as 1780 BC, contracts were being enforced by the Babylonians by virtue of the authority of the Code of Hammurabi. During much of the rule of the Roman Empire, the Justinian Code included the rule pacta sunt servanda (agreements shall be kept). Many legal scholars, notably Dean Roscoe Pound, have written extensively on the importance of society recognizing legally enforceable promises and providing remedies for those who suffered losses. Consider the consequences of failing to provide for legal enforceability of a promise and its impact on the very fabric of civilized societies. Since business owners and managers are often involved in daytoday oversight of various agreements and transactions, understanding contract law reduces risk by limiting liability through the recognition of potential legal issues, crafting an appropriate response, and implementing a system to ensure compliance. Contract law is also essential to structuring business transactions in strategic ways to achieve business objectives without excessive risk. In this.

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