Business Law: Unilateral Contract, Breach, and Damages Analysis

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Added on  2022/08/22

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AI Summary
This report analyzes a business law case concerning a unilateral contract between two parties, Messina and ABC construction. The analysis focuses on whether a breach of contract occurred, considering the responsibilities outlined in the contract and the actions of the involved parties. The report examines the legal issues, the concept of a unilateral contract, and the potential for damages. The analysis considers the perspective of both parties, with a focus on the actions of ABC construction and their compliance with the contract terms. The report concludes by providing a judgment based on the facts of the case and relevant legal principles, including the impact of external factors like weather conditions. The report also references relevant literature to support its analysis and conclusions.
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Running head- BUSINESS LAW
Business Law
Name of the Student
Name of the University
Author Note
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Document Page
1Business Law
Issues
The main legal issues concerned in the case include the following:
1. Whether there is an acceptance of the unilateral contract?
2. Whether there is a breach of contract by the construction company?
Analysis
Messina: A unilateral form of contract is stated as the contract, which is only acceptable
upon the specific performance of the party as per mentioned in the contract. In the given
contract between the two, the ABC construction was responsible for delivering the specific
performance, as mentioned in the contract (Anderson, 2015). Even though after repeated
interventions, the ABC construction was ignorant about looking into the matter
conscientiously, thus not fulfilling the act as per they were liable to do. This act would suffice
the case for a breach of contract, and Messina shall claim damages from the construction.
FBI: As per the conditions of a unilateral contract, all the work and the acts were adequately
fulfilled by the ABC construction. In this case, the information needed to be provided to the
FBI was not fulfilled (Cahyono, and Nugraheni 2018). There was no acceptance on the part
of Messina, and it was the weather that was responsible for the cause and not the conduct of
the contractors or the subcontractors. As per required by the contract, there was a proper
delivery, and the work was following to Messina that she cannot deny.
Conclusion
The court will give the judgment in the favor of FBI that is related to the concept of
Best buy. As per the analysis the proximate cause could not have been seen by the ABC
construction and the leakage was due to the weather condition that was beyond the control of
a normal human. Hence, there shall be no breach of contract by the ABC construction.
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2Business Law
Reference
Anderson, R.R., 2015. The Compensatory Disgorgement Alternative to Restatement Third's
New Remedy for Breach of Contract. SMUL Rev., 68, p.953.
Cahyono, A. and Nugraheni, N., 2018. The Liability Of Unilateral Termination By
Government On Goods And Service Procurement Contract. Hang Tuah Law Journal, 2(1),
pp.16-33.
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