Contract Law: Single-Family Home To Paul And Priscilla Peterson

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Contract Paper Michelle Bennett Law/575 12/02/2013 Prof. Thomas Kershaw University of Phoenix A contract is defined as a promise or set of promises for the breach of which the law gives a remedy or the performance of which the law in some way recognizes a duty (Kubasek et al., 2012). In the case presented for this paper Danny Davidson sold a single family home to Paul and Priscilla Peterson. The contract was entered into without a written agreement due to the fact that Danny and Paul were fraternity brothers. The contract was a verbal agreement and included the sale amount of the house only at $250,000. Since the contract was a verbal one only, Danny failed to disclose the fact that he was in a dispute with a neighbor…show more content…
One remedy that they have an option for is to request compensatory damages. Compensatory damages cover the loss of money for the bathroom remodel and the landscaping. They also have the option of getting out of the contract and give back the house to Danny. Statute of Frauds The contract for the sale of the single-family home falls under the Statute of Frauds. The Statute of Frauds covers only specific types of contracts. The four types are: contracts whose terms prevent possible performance within one year, promises made in consideration of marriage, contracts for one party to pay the debt of another if the initial party fails to pay, and contracts related to an interest in land. Since land is involved it meets this requirement. Given the circumstances in this case, Danny should request modification of the original contract. In the revised contract Danny should protect himself by putting in a clause that the house is being purchased as is and that he is not liable to any damages to the house after the sale. This will protect him from any further possible damage that can occur because of the soil problem. He may also want to put a clause in about how much to be paid out for any damage from the soil

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