Jennifer Ryan Contracts Discussion essay
Order ID 53563633773 Type Essay Writer Level Masters Style APA Sources/References 4 Perfect Number of Pages to Order 5-10 Pages
Jennifer Ryan Contracts Discussion essay
Reply to both responses.
I don’t feel that Pacific has any damages against Fred. §Section 2-610 states that when “either party
repudiates the contract with respect to a performance not yet due the loss of which will substantially
impair the value of the contract to the other…”; right there Pacific did not suffer any loss as they were
able to resell the same boat for $500, more than they were selling to Fred. Section § 2-706 allow Pacific
to resell the boat and recover the difference between the resale price and the contract price together
with any incidental damages allowed but less expenses saved in consequence of the buyer's (Links to
an external site.) breach. Again, Pacific didn’t lose anything but in face made $500 more than the
previous selling price.
Another section of the UCC § 2-708 Seller's Damages for Non-acceptance or Repudiation (2) states if the
measure of damages provided is inadequate to put the seller (Links to an external site.) in as good
a position as performance would have done then the measure of damages is the profit (including
reasonable overhead) which the seller would have made from full performance by the buyer (Links to
an external site.), together with any incidental damages provided due allowance for costs reasonably
incurred and due credit for payments or proceeds of resale. Pacific promptly resold the same boat Fred
rejected for more money than they were selling to Fred. This all seems to point to the fact that Pacific
had no right to bring any action for damages for Fred’s.
In this case Pacific Marine, Inc originally had a contract to sell a 20ft Sailboat to Fred Jones for $25K.
Fred decided to back out of the offer. Pacific Marine successfully sells the boat to another person for
$500 more than the original price. Now after sell the the boat Pacific Marine is trying to go after Fred for
his breach of contract. I personally don’t this Pacific Marine has a fighting chance since they did not take
a loss for the boat. In fact, Fred is arguing that because Pacific Marine took a $500 gain they cannot go
after Fred for any damages because there were no damages.
According to UCC 2-610. Anticipatory Repudiation. “When either party repudiates the contract (Links
to an external site.) with respect to a performance not yet due the loss of which will substantially
impair the value of the contract to the other”. (Cornell law, 2021) While this is true for most cases. I
don’t think it is true for this case. Fred backed out of the del well before taking delivery of the Sailboat
thus allowing Pacific Marine enough time to put it back on the market. Pacific Marine did decide to try
and resale the Sailboat and was successful enough to make an additional $500 on the new deal. I believe
if Pacific Marine continues to try an go after Fred for breach of contract that they would most likely end
up paying out more money for lawyer an court fees and ultimately lose the case. Pacific Marine should
take their $500 profit and leave well enough
Jennifer Ryan Contracts Discussion essay
QUALITY OF RESPONSE NO RESPONSE POOR / UNSATISFACTORY SATISFACTORY GOOD EXCELLENT Content (worth a maximum of 50% of the total points) Zero points: Student failed to submit the final paper. 20 points out of 50: The essay illustrates poor understanding of the relevant material by failing to address or incorrectly addressing the relevant content; failing to identify or inaccurately explaining/defining key concepts/ideas; ignoring or incorrectly explaining key points/claims and the reasoning behind them; and/or incorrectly or inappropriately using terminology; and elements of the response are lacking. 30 points out of 50: The essay illustrates a rudimentary understanding of the relevant material by mentioning but not full explaining the relevant content; identifying some of the key concepts/ideas though failing to fully or accurately explain many of them; using terminology, though sometimes inaccurately or inappropriately; and/or incorporating some key claims/points but failing to explain the reasoning behind them or doing so inaccurately. Elements of the required response may also be lacking. 40 points out of 50: The essay illustrates solid understanding of the relevant material by correctly addressing most of the relevant content; identifying and explaining most of the key concepts/ideas; using correct terminology; explaining the reasoning behind most of the key points/claims; and/or where necessary or useful, substantiating some points with accurate examples. The answer is complete. 50 points: The essay illustrates exemplary understanding of the relevant material by thoroughly and correctly addressing the relevant content; identifying and explaining all of the key concepts/ideas; using correct terminology explaining the reasoning behind key points/claims and substantiating, as necessary/useful, points with several accurate and illuminating examples. No aspects of the required answer are missing. Use of Sources (worth a maximum of 20% of the total points). Zero points: Student failed to include citations and/or references. Or the student failed to submit a final paper. 5 out 20 points: Sources are seldom cited to support statements and/or format of citations are not recognizable as APA 6th Edition format. There are major errors in the formation of the references and citations. And/or there is a major reliance on highly questionable. The Student fails to provide an adequate synthesis of research collected for the paper. 10 out 20 points: References to scholarly sources are occasionally given; many statements seem unsubstantiated. Frequent errors in APA 6th Edition format, leaving the reader confused about the source of the information. There are significant errors of the formation in the references and citations. And/or there is a significant use of highly questionable sources. 15 out 20 points: Credible Scholarly sources are used effectively support claims and are, for the most part, clear and fairly represented. APA 6th Edition is used with only a few minor errors. There are minor errors in reference and/or citations. And/or there is some use of questionable sources. 20 points: Credible scholarly sources are used to give compelling evidence to support claims and are clearly and fairly represented. APA 6th Edition format is used accurately and consistently. The student uses above the maximum required references in the development of the assignment. 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Structure of the Paper (worth 10% of total points) Zero points: Student failed to submit the final paper. 3 points out of 10: Student needs to develop better formatting skills. The paper omits significant structural elements required for and APA 6th edition paper. Formatting of the paper has major flaws. The paper does not conform to APA 6th edition requirements whatsoever. 5 points out of 10: Appearance of final paper demonstrates the student’s limited ability to format the paper. There are significant errors in formatting and/or the total omission of major components of an APA 6th edition paper. They can include the omission of the cover page, abstract, and page numbers. Additionally the page has major formatting issues with spacing or paragraph formation. Font size might not conform to size requirements. The student also significantly writes too large or too short of and paper 7 points out of 10: Research paper presents an above-average use of formatting skills. The paper has slight errors within the paper. This can include small errors or omissions with the cover page, abstract, page number, and headers. There could be also slight formatting issues with the document spacing or the font Additionally the paper might slightly exceed or undershoot the specific number of required written pages for the assignment. 10 points: Student provides a high-caliber, formatted paper. This includes an APA 6th edition cover page, abstract, page number, headers and is double spaced in 12’ Times Roman Font. Additionally, the paper conforms to the specific number of required written pages and neither goes over or under the specified length of the paper.
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