Montana Law Case Study

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Week 1: Assignment 9.4 This is a very straightforward case due to the definition provided by Montana law for written contracts. The information provided by this question state that Dr. Vranich contracted Mr. Winkel for salary, insurance and other benefits, the subsequent modification to this contract was entirely an oral. Since the details of the contract are not known presently, it was assumed by Dr. Vranich that the oral agreement was not executed or fully performed by both sides of the contract. Therefore Mr. Winkel would not receive the profit-sharing bonus since the original written agreement did not include such a provision. The other matter of ethical conduct by Dr. Vranich is a more difficult matter to contend with. In the simplest…show more content…
While the failure of the trusses under Gough’s construction was unfortunate, it was still his responsibility since it was his duty to build the store. From the information provided it is unclear whether there was a new contract agreed upon or modification of the contract to pay for extra expensed incurred by Gough, but since it was not expressly conveyed, the originally contract would still stand. Therefore, it is reasonable to believe that Gough would not be able to recover his losses since he was obligated under contract to “provide all labor, materials, tools, equipment, scaffolding, and other items necessary to complete the carpentry work” (Cheesman, Business Law, pg. 189) which includes all the attempts it took to finish the job with no extra…show more content…
Steele and Faust is an incidence of unilateral mistake on the part of the seller. The Chaney estate had mistaken the material fact of the property size for sale in the contract, which would have substantially increased the price. It is unfortunate that the contract was already signed before the actual property size was discovered because in most cases with unilateral mistakes, the mistaken party is usually not permitted to rescind the contract. There is one way that the Chaney estate may be able to avoid the loss if and when taken to court if the loss is found to be unconscionable. Otherwise the sale of the Chaney estate was sold at bargain to the Drs. Steele and

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