Your writing is to be between 500-600 words. To say something of merit in that
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Your writing is to be between 500-600 words. To say something of merit in that short of space requires some planning and precise thinking. In your submission, please identify which option you have chosen. properly speak on your topic, you will need to learn of the issues to comment on the questions asked. This is done by spending time with the course materials and through research online. Remember that your approach is to 1) understand the issue, 2) take a position on the issue, and 3) provide reasoning to support your position. The most important part of your writing is the reasoning you provide and should comprise the bulk of your submission. Here are 2 questions, please pick the ONE you would like to address:
The law relating to frustration of contract states that if that which caused non-performance of a contract is beyond the control of the non-performing party, then that non-performing party is excused from performance. This is all well and dandy for the non-performing party, but what if the other side has relied upon the contract, and incurred costs in anticipation of the contract being performed? For example, ABC Entertainment Inc. (ABC) enters a contract with a renowned violinist who agrees to perform on a specific date for $x dollars. ABC agrees to take care of all aspects of organizing the concert i.e. renting the venue, advertising, selling tickets, etc. and incurs costs in doing so. On the day of the concert, the violinist breaks her arm in a car accident caused by the other driver. Obviously, she cannot perform the concert, she claims frustration, and according to law, walks away from her legal obligations; she is fully discharged. ABC, on the other hand, is left to foot the bill of all expenses incurred leading up to the concert. Why should ABC be the party who suffers 100% due to the accident and the violinist bear no legal liability? Both parties are “innocent” in the sense that neither caused the breach, and yet only one seems to suffer. Please discuss if you believe that the law is fair in this circumstance? Why or why not, and how would you alter the law to make it “fair” to both parties? Should frustration be a valid reason to terminate a contract?
The law does not require that a contract be written down to be legally binding. Interpretation of the final terms of the contract are left to what the parties understand from what each other said. This leaves the door open for a lot of “he said, she said” and can cause confusion and misunderstanding between the parties. Should verbal contracts be considered legally binding or should the law require that all contracts be written and signed to be legally binding? If writing is required, how much freedom should parties be given on how to draft the contract? What evidence should a court be allowed to use to determine if parties intended for there to be a contract (Parole Evidence Rule)?
Remember to just pick one question to address.