ALLIED BUS230 MODULE 5 HOMEWORK ASSIGNMENT

Homework Assignment IntroductionWelcome to the Module 5 Homework Assignment for BUS 230: Principles of Business Law I.This section prepares you to complete this assignment successfully. Please follow these instructions to complete and submit this assignment.You will create a document in either a .doc or .rtf format to record and save your work. If you have never created documents in an .rtf format, please visit the Academic Resource Center and click on Tutorials. You will then see a list of tutorials on the following page. Click on RTF Tutorial.Read the instructions carefully and review your work before you submit your assignment.Include a title page with this assignment. Your title page should follow standard APA formatting. Please view the .allied.edu/Pages/ViewPage.aspx?GroupID=189″>Title Page Example.When you are ready to submit the assignment, click the Start button at the bottom of the page to access the submission page and follow the instructions.Running head: [INSERT
TITLE HERE]

[INSERT
TITLE HERE]
Student
Name
Allied
American University

Author
Note
This
paper was prepared for [INSERT COURSE NAME], [INSERT COURSE ASSIGNMENT] taught
by [INSERT INSTRUCTOR’S NAME].

PART I
Directions: Please review
the questions below and write a 3-4 page essay analyzing each legal issue
presented in this week’s modules readings.
Please apply APA format with in text citing, reference list, and
double-space. Limit your word count to
2,000 words. Please visit the Academic
Resource Center for help with APA format.
If applicable, include arguments from
each side. If a criminal case exists,
you would present arguments from the prosecutor and the defense attorney. If it is a civil case, then you would argue
as a plaintiff and defense lawyer. Be
sure that your answers respond to the questions. Do not restate the problem in your
answer. Mention the facts where relevant to your analysis. If you
are asked for a recommendation, be sure to include one, but do not fail to
consider counterarguments. If your
answer depends upon essential information not set forth in the question, state
what that information is and how it affects your answer. If facts are missing in your argument, please
state what facts would be pertinent to each party’s case; also list any facts
or information that could potentially damage a party’s case.
Read the questions carefully and attempt
to answer each directly. Clear,
well-organized, and concise writing will be rewarded. If there are ambiguities in the questions,
discuss the ambiguity and how it impacts your answer. You may consult your text, lecture notes, or
outlines that you have personally prepared.
Submit your responses to the following:

1. What is the difference between accord and
satisfaction? When might an accord be
made?

2. How does commercial impracticability change
the way that contracts are discharged because they are too difficult to
perform? Is commercial impracticability a common law or statutory
doctrine? How is commercial
impracticability different from impossibility?

3. What is a novation? If a novation occurs, what happens to the
parties in that contract?

4. What is rescission? Are contracts always rescinded quite
easily? What reason would a contract is
rescinded?

5. What is duress? There is one crime under criminal law, where
duress is not allowed as a defense. What
is that crime? Research that crime. Summarize the facts of a case you find related
to that crime? Does it make sense that
duress is not a defense in that case?

6. What is a material breach? Provide an example. If one party creates a material breach what
can the other party do? Are the parties
forced to still comply with the contract?

7. What is undue influence? Why would someone claim this defense? Provide an example.

8. What is a waiver? How do waivers apply in a contract? Look at the License Agreement from Module 3’s
homework assignment. Was a there a waiver
in this Agreement? If so, provide the
section number and a summary of the waiver.

9. What are nominal damages? Are nominal damages given often in a lawsuit
due to contract breach?

10. Vance, a
peanut grower, entered into an agreement to provide 2,000 pounds of peanuts to
Timmons, a peanut processor. Severe rains, however, caused flooding and
destroyed the peanut crop to be supplied by Vance. Vance argued that his
contract with Timmons was discharged. He claimed that because the subject
matter of the contract (the peanuts) was destroyed, he could not deliver the
product as initially promised. Do you agree that the contract was
discharged?

11. Connors and
Ferris entered into a contract in which Connors was obligated to deliver
certain goods to Ferris by March 8. On March 1, Connors told Ferris that
he would not deliver the goods called for in the contract. The reason for
refusing to deliver the goods was simply a change of mind at this time.
Connors told Ferris that he would think more about it and possibly deliver the
goods sometime in the future. Can Ferris successfully sue Connors
immediately or must he wait to see what Connors decides to do?

12. What are
compensatory damages? What kind of
restriction is placed on a person who is entitled to compensatory damages?

13. In
purchasing a new automobile, Blacklaw ordered it with no extra equipment except
power steering. She did not read the contract presented to her before
signing it. She learned later that the car included power steering,
radio, air conditioning, and tinted glass. What effect, if any, did
Blacklaw’s mistake have on the contract?

PART II

Module 5 Journal
Assignment

Directions: When do courts usually enforce specific
performance under a contract? Give an
example of when specific performance might be appropriate? Do you think specific performance is good in
all cases? Please apply APA format with
in text citing, reference list, and double-space. Limit your word count to 400 words. Please visit the Academic Resource Center for
help with APA format.