Writing Homework
The purpose of the writing homework is to assess each student's ability to read a case or statute and extrapolate the legal and ethical principles discussed and expounded therein and apply those principles to factual situations.
Contract negotiation and performance gives rise to many possible legal and ethical dilemmas, particularly when the circumstances that led the parties to contract in the first place have changed. Parties may feel forced, by the circumstances surrounding a contract negotiation or performance, to accept terms they feel have changed and become unfair. This presents legal problems concerning the enforcement or enforceability contracts. Before the Courts confront these dilemmas in lawsuits, the parties confront ethical dilemmas concerning how they should resolve these legal issues.
This case study will look at the ethical and legal dilemmas associated with the defense of commercial impracticability, also known as frustration of purpose. You will need to find and discuss two Florida Court opinions regarding the defense of commercial impracticability.
For each case, you must provide the following:
• a brief recitation of the facts of the case, indicating the identities of the parties, their relationship;
• a brief recitation of the issue(s) considered by the court as it analyzes the respective rights and responsibilities of the parties;
• a summary of the court's decision on the issue and the reason why the court came to this decision; and
• a discussion of the ethical issues involved. The court might not itself consider the ethics of the contract or the relationship between the parties. However, I ask that you consider the ethics of the following:
o was there a breach of contract?
o what was the reason why the party or parties sought to avoid the contract?
o was this reason known or anticipated by the parties to the contract?
o ethical for the party or parties to withhold performance?
o and why or why not?
Format your homework according to the following formatting requirements:
o The answer should be typed, using Times New Roman font (size 12), double spaced, with one-inch margins on all sides.
o The response also includes a cover page containing the title of the homework, the student's name, the course title, and the date. The cover page is not included in the required page length.
o Also include a reference page. The Citations and references must follow APA format. The reference page is not included in the required page length.