Legal Case Study: Courier Vs. Furniture Co.

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Contracts 616, Assignment # 11, Lopez, #4521 Courier v. Furniture Co Preliminary Negotiations Preliminary negotiations are merely an invitation to a deal. In January, Courier and Furniture Co negotiated an agreement under which Courier would promise to provide services for three years. Offer An offer is an outward manifestation of present contractual intent, with definite and certain terms, and which is communicated to the offeree. Courier drafted an agreement embodying the agreed terms and, on March 1, 2012, sent two copies to Furniture Co. Acceptance An acceptance is unequivocal assent to the terms of the offer. Furniture Co did not sign the document, the parties immediately began doing business according to its terms. During the…show more content…
Expectation damages must be reasonably foreseeable, therefore not all consequential damages will be recoverable. Also, there is a duty to mitigate. Reliance damages are used where a promise is enforceable only because of reliance. They give the victim back her costs, so she is put back into the position she would have been had the promise not been made. Restitutionary damages are usually awarded where a party has conferred a benefit on another under circumstances where the other party is not contractually liable. Specific performance is available only where the remedy at law is inadequate. Although a contract was never signed by Furniture Co it was doing business with Courier for six months. Courier gave up lucrative offers from other companies to fulfill the terms of the contract. Courier should be compensated for the three year commitment by Furniture Co. Contracts 616, Assignment # 11, Lopez, #4521 1. C - Homer, but Builder would be entitled to quantum meruit reimbursement from Homer for the work he did before the fire. 2. D - No, because Mark's obligations under the contract were subject to an implied condition precedent that failed because of supervening

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