Topic 5 BUS340
This is a Cooperative Learning Community (CLC) assignment.
The purpose of this assignment is to analyze different types of legal damages and equitable remedies for breach of contract
For the Topic 4 assignment, you contracted with a number of vendors for a birthday party you were planning. In this assignment, you will need to expand the party story line to include breach or nonperformance of each of the contracts outlined in the Topic 4 assignment. The breach or nonperformance of contracts must result in the application of each type of remedy including:
Direct
Consequential
Incidental
Reliance
Restitution
Specific Performance
Injunction
In a 250-500 word narrative, summarize the party scenario and contracts, the breaches/nonperformance of contracts, and the contract remedies and damages.
Submit the narrative to your instructor.
Prepare a PowerPoint presentation of your story. The presentation should include speaker notes for each slide.
APA style is not required, but solid academic writing is expected.
This assignment uses a rubric. Please review the rubric prior to beginning the assignment to become familiar with the expectations for successful completion.
Sample Paper
Contract Formation Chart
| Contracted Service | Name of Vendor | Offer | Method of Acceptance | Elements of Consideration | Factors That Affect Contract Formation |
| Venue | Rasconi Club House | The vendor would provide a venue for the party from 3:00 pm on 1st May to 7: 00 am on 2nd May 2020. | Express acceptance by signing a venue lease contract | The party host would pay the vendor 1200 dollars for access to the venue and use of the facilities on site. | The party host would bear responsibility for any illegal activities that occur during the event. |
| Catering | Bankleys Catering Company | The caterer will provide food, water, alcoholic, and non-alcoholic events for the birthday party on 1st May by 6:00 pm. The caterer will also provide waiting staff from the moment of food delivery until the end of the party. | Express verbal acceptance. | The party host would pay an initial 2300 dollars after the vendor accepts the offer to cater for the purchase of food and drinks. After completion of the party, the host would pay another 2700 dollars as a fee for the services. | The vendor must agree to the quantity and type of food and drinks that the party host wishes to have during the event. The catering company must refund the host if it does not offer all the requirements. |
| Entertainment | Spinfernal DJs | The vendor will provide musical entertainment from 8:00 pm on 1st May to 6:00 am on 2nd May 2020 during the birthday party at Rasconi Club House. | Acceptance by performing during the event. | The party host would pay the entertainment company a fee of 250 dollars per hour for entertainment services. | The entertainment company is liable for commencing their services late, whether or not it is due to a mistake. As such, the party host will only pay for the hours which the vendor provides entertainment services |
| Photography | Phoenix Photography | The photographer will record the event and deliver an edited soft copy of the video to the party host. | Express acceptance by signing a contract. | The party host will pay the photographer an initial fee of five hundred dollars upon signing the contract, and another five hundred upon delivery of the final edited footage of the event. | In case of rescheduling/postponement after acceptance of contact, the party host will pay the photographer half the remaining fee. |
| Storyline Summary: Brian, a friend, has requested me to plan a party for his upcoming birthday on 1st May 2020. He recently moved to the city, and he does not yet know the best entertainment service providers here. He is willing to spend up to ten thousand dollars for the event. | |||||
| Contract | Direct | Consequential | Incidental | Reliance | Restitution | Specific Performance | Injunction |
| Venue Contract with Rasconi Club House: | If the vendor withdraws the availability of the venue, they should refund any advance payments. | The vendor will pay for any additional costs that the next available and suitable venue would require | If the vendor breaches the contract, they should cover any extra costs of transportation of entertainment equipment and preparing the new venue. | The buyer will pay the vendor reliance damages worth fifty percent of the consideration if they breach the contract. | The buyer will compensate for any financial losses that the vendor incurs because of a breach of contract | If, after a breach of contract, the buyer agrees to hold the party on another day, the vendor will have to perform all duties in the initial agreement at no extra cost. | If the buyer breaches the contract, the vendor may refuse to provide services for the event or enter into new agreements with the same buyer. |
| Catering contract with Bankleys Catering Company | If the buyer breaches the contract, they should compensate the buyer for any costs they may have incurred in preparing for the party | If the vendor breaches the contract, they will cater to any additional costs of availing food from another catering company. | If the buyer breaches the contract, they should pay for any incidental expenses that the vendor may have incurred. | The buyer will pay 70% of the consideration in reliance damages if they breach the contract. | The buyer will restitute the vendor for any losses occurring due to a breach of contract | The vendor will have to provide all the services as negotiated, including food quantity and service hours, or else the buyer may consider that as a breach of contract. | If the buyer breaches the contract, the vendor is under no obligation to renegotiate a new agreement |
| Entertainment contract with Spinfernal DJs | If the vendor breaches the contract, they will refund any advance payments from the buyer. | If the buyer breaches the contract, they should compensate the vendor for any costs they incurred in moving their equipment | If the vendor breaches the contract, they should cater to any costs that may occur in hiring a new entertainment provider. | If the buyer breaches the contract, they will compensate the vendor 100% of the consideration as reliance damages | The buyer will pay restitution damages for the financial loss of the vendor. | The buyer will deduct an hourly charge for the failure of the performance of the vendor during the contractual period. | The buyer can enter into a contract with any other entertainment service provider if the vendor breaches the contract. |
