Consider a situation in which you or someone you know engaged in a written or oral contract containing specific performance requirements from the contractor providing business services. In the situation, the contractor breached one or more of the contract performance requirements.
Using the six essential elements of an enforceable contract, provide a thorough analysis of the situation. Discuss the options under the contact while considering the potential of "substantial performance" and "inferior performance." Also, consider potential remedies for the non-breaching party.
Use the following guidelines to format your paper:
- Discuss the differences between "Substantial Performance" and "Inferior Performance" breach.
- Consider the rights of the non-breaching party.
- Explain the options the non-breaching party may have (deduct cost of remedy, recover costs, rescind contract, consequential damages, etc.)
- At what point in the process would one be best advised to seek legal counsel?
- This section must reflect an analysis and understanding of contract law.