Contract analysis scenario one—damages determination: Alfred and Barbara own adjoining farms in Dry County, an area where all agriculture requires irrigation. Alfred bought a well-drilling rig and drilled a 400-foot well from which he drew drinking water. Barbara needed no additional irrigation water, but in January 1985, she asked Alfred on what terms he would drill a well near her house to supply better-tasting drinking water than the county water she has been using for years. Alfred said that because he had never before drilled a well for hire, he would charge Barbara only $10 per foot, about one dollar more than his expected cost. Alfred said that he would drill to a maximum depth of 600 feet, which is the deepest his rig could reach. Barbara said, “OK—as long as you can guarantee completion by June 1, we have a deal.” Alfred agreed, and he asked for $3,500 in advance, with any further payment or refund to be made on completion. Barbara said, “OK,” and she paid Alfred $3,500. Alfred started to drill on May 1. He had reached a depth of 200 feet on May 10 when his drill struck rock and broke, plugging the hole. The accident was unavoidable. It had cost Alfred $12 per foot to drill this 200 feet. Alfred said he would not charge Barbara for drilling the useless hole in the ground, but he would have to start a new well close by and could not promise its completion before July 1. Barbara, annoyed by Alfred’s failure, refused to let him start another well. On June 1, she contracted with Carl to drill a well. Carl agreed to drill to a maximum depth of 350 feet for $4,500, which Barbara also paid in advance, but Carl could not start drilling until October 1. He completed drilling and struck water at 300 feet on October 30. In July, Barbara sued Alfred, seeking to recover her $3,500 paid to Alfred, plus the $4,500 paid to Carl. BBA 3210, Business Law 5 On August 1, Dry County’s dam failed, thus reducing the amount of water available for irrigation. Barbara lost her apple crop worth $15,000. The loss could have been avoided by pumping from Barbara’s well if it had been operational by August 1. Barbara amended her complaint to add the $15,000 loss. In a minimum of a 1,000-word contract analysis, discuss Barbara’s suit against Alfred. What are Barbara’s rights, and what damages, if any, will she recover? Cite any direct quotes or paraphrased material from outside sources. Use APA format. Contract analysis scenario two—remedies determination: Mundo manufactures printing presses. Extra, a publisher of a local newspaper, had decided to purchase new presses. Rep, a representative of Mundo, met with Boss, the president of Extra, to describe the advantages of Mundo’s new press. Rep also drew rough plans of the alterations that would be required in Extra’s pressroom to accommodate the new presses, including additional floor space and new electrical installations, and Rep left the plans with Boss. On December 1, Boss received a letter signed by Seller, a member of Mundo’s sales staff, offering to sell the required number of presses at a cost of $2.4 million. The offer contained provisions relating to the delivery schedule, warranties, and payment terms but did not specify a particular mode of acceptance of the offer. Boss immediately decided to accept the offer and telephoned Seller’s office. Seller was out of town, and Boss left the following message: “Looks good. I’m sold. Call me when you get back so we can discuss details.” Using the rough plans drawn by Rep, Boss also directed that work begin on the necessary pressroom renovations. By December 4, a wall had been demolished in the pressroom, and a contract had been signed for the new electrical installations. On December 5, the President of the United States announced a ban on foreign imports of computerized heavy equipment. The ban removed—from the American market—a foreign manufacturer that had been the only competitor of Mundo. That afternoon, Boss received an email from Mundo stating, “All outstanding offers are withdrawn.” In a subsequent telephone conversation, Seller told Boss that Mundo would not deliver the presses for less than $2.9 million. In a minimum of a 1,000-word contract analysis, discuss the following questions: Was Mundo obligated to sell the presses to Extra for $2.4 million? Assume Mundo was so obligated. What are Extra’s rights and remedies against Mundo?
Do Bystanders Have A Responsibility To Intervene? Disclaimer: This work has been put together by an understudy. This isn't a case of the work composed by our expert scholastic journalists. You can see tests of our expert work here. Any sentiments, discoveries, ends or proposals communicated in this material are those of the writers and don't really mirror the perspectives of UK Essays. Distributed: Mon, 04 Sep 2017 Everybody needs assistance eventually in their life. When somebody is stuck in an unfortunate situation and necessities enable, I to expect that individual would need somebody to venture in and help them when they are in require. In any case, that isn't what dependably occurs. At times when individuals see somebody stuck in an unfortunate situation they wont mediate by any means, they will simply continue watching or stroll by as they didn't anything. In some cases individuals will see somebody stuck in an unfortunate situation and actually imagine like nothing is going on. Individuals assume an essential job with regards to somebody requiring help. They can either make the best decision and help the individual in require or be a futile observer and let whatever happens occur (Which is exceptionally childish). I trust that as a spectator, you have a duty to intercede when there is an inconvenience. I am a solid adherent to the brilliant run the show. "Do unto others as you would have them do unto you" – Rosemary K.M. Sword, Philip Zimbardo. In the event that and when you see a man in a bad position it is dependent upon you to choose whether or not you will help that individual or let them battle for themselves. On the off chance that you conclude that you are not going to encourage that individual, I accept that you are an exceptionally egotistical and self – focused individual and that you couldn't care less about anybody however yourself. In this manner in the event that you were the one in a bad position, you would not need anybody to enable you to out in a comparative circumstance. I discover individuals like that exceptionally absurd. On the off chance that you were stuck in an unfortunate situation and help was accessible, is there any valid reason why you wouldn't acknowledge the assistance? Presently I know there are sure individuals in this world that simply don't need assistance or figure they can deal with the circumstance independent from anyone else. A few people have excessively pride or too enormous of a sense of self. These individuals would prefer not to look powerless before everybody or be looked downward on for not going to bat for themselves. Men are more inclined to not ask or acknowledge help when it is advertised. Then again females would enthusiastically acknowledge help when they are stuck in an unfortunate situation. Conscience isn't such a major issue in ladies as it is in men. For instance if there is a lady out in the open and everybody sees this person annoying and pestering her after she has over and over instructed him to stop, I can promise you, if and when somebody ventures in to help the lady wouldn't turn down the offer. In the event that she does she silly. Be that as it may on the off chance that it was a man being pestered rather than a lady, the man would presumably either tranquilly leave or wind up battling the person hassling him. He would most likely advise the individual who intercedes to back off and that he has the circumstance under control. On the off chance that the man being badgering was of a more settled disposition he would either disregard the man pestering him or just serenely leave. Everybody ought to get a similar treatment regardless. In any case, once in a while it doesn't generally happen that way. At times people groups choice regardless of whether to mediate when there is inconvenience can be adjusted by specific variables. These elements incorporate the onlooker impact, sex and additionally now and again even race. "The onlooker impact happens when the nearness of others disheartens a person from mediating in a crisis circumstance" as portrayed by John Darley and Bibb Latane. For instance Bibb and John were two social therapists who were educators in NYC amid the 1960's. Around that time the scandalous homicide of Kitty Genovese happened. Despite the fact that Kitty Genovese was ceaselessly shouting and yelling to attempt and avert her attacker, none of her neighbors from her flat complex helped her. They all remained there and watched her get cut to death. Be that as it may, on the off chance that they saw her getting assaulted, for what reason didn't anybody encourage her and spare her life? The appropriate response might be more straightforward than you accept. Pluralistic numbness – "When the gathering's lion's share secretly trusts a certain something and erroneously accept that most others trust the inverse" – Melissa Burkley. For instance, suppose there was an auto wreck on the roadway and every one of these autos are simply driving by then you drive by simply like every other person accepting that another person has just called 9-1-1 or that somebody has made a trip to enable the auto to crash casualties to ensure that they are alright. Another great model which you could conceivably have been separated of occurs in the classroom more than you might suspect. Lets expect your instructor simply wrapped up an exceptionally troublesome exercise and is going to pass out the class' worksheet. Be that as it may, before she distributes the exercise worksheet she inquires as to whether anybody has any inquiries regarding the exercise and is there anything they need her to return more than once again. Allows one of her understudies is befuddled and he needs to get some information about the exercise. He will presumably check around the classroom and hope to check whether any other person would raise their hand to ask the educator an inquiry . When he saw that nobody else raised his/her hand he prevented himself from putting his hand up. He did this to abstaining from looking imbecilic thus he would not be perceived as the main individual in the class who was confounded and had an inquiry regarding the exercise the instructor had quite recently educated truly minutes prior. From an instructors perspective you could reason that in the event that one of the understudies had an inquiry there's a decent shot that a decent larger part of the understudies had an inquiry and were astounded and confounded. One understudy not being capable or reluctant to ask the educator her inquiry can result in the entire class enduring because of that one understudy's choice. Some surmise that sexual orientation may likewise assume a job in regardless of whether individuals mediate when somebody is in a bad position and the other way around. Men in our present reality are depicted as forceful, reasonable, and extremely skilled and ground-breaking. While ladies are viewed as latent, touchy, and extremely steady. These characteristics in the two people can significantly influence regardless of whether somebody would encourage them or advance in the event that they were in a bad position. We should begin with the men. Expect it's an open setting at a recreation center and out of the blue there's a major disturbance by one of the recreation center seats on the grounds that a man sat down. Everybody sees Tony contending with the man and over the long haul the contention gets increasingly extraordinary to the point where they are going to begin battling. Would anybody venture in and bill it up? In the event that you saw 2 developed men that were going to battle would you stop them or hold up to perceive what every other person would do before you make a move. I would bounce in and stop them and attempt to talk them down until they both quieted down and went their different ways. It's simply the proper activity. In the event that that was you in that circumstance I wager you would need somebody to enable you to out, particularly on the off chance that you realized that you most likely wasn't gone win if y'all truly fought. Presently ladies on the hand is a considerable measure unique. Here's a situation, there's a moderately aged lady remaining in the shade of a tree loosening up tending to her very own concerns at a recreation center. At that point a couple of minutes after the fact a more bizarre strolls up to her and begins bothering . Now you can accept that practically everybody in the recreation center knows or is viewing the outsider badger this lady. Since female are seen as weaker than their male partners I trust that inside two minutes of the lady being hassled a man/lady either ventured in and powerfully expelled the outsider far from the blameless lady or on the off chance that they were female they instructed them to disregard her . That lady did nothing to merit being irritated, however would the outcome have been the same in the event that she accomplished something to merit it? Suppose it's that same lady and outsider in a similar setting however this time the lady stole the outsiders wallet and strolled off and remained under the tree in the shade unwinding. The more peculiar comes over the old woman talking so anyone might hear inquiring as to why you stole my wallet. Everybody hears this perceives the more bizarre as the person who needs assistance. The lady declines to give the more peculiar his wallet back. Right now I trust one to two different guys and one female would have ventured in to enable the man to recover his wallet. The job of the miscreant all relies upon the conditions and the circumstance. In end I solidly trust that spectators do have an obligation to mediate when there is inconvenience and they have a major influence in deciding how that circumstance will end. On the off chance that nobody causes it closes gravely, in the event that somebody ventures in to make things right, everybody goes home cheerful. I trust that the reason a few people intercede is on the grounds that they trust that later on they will get that same help if and when they are in a bad position. What circumvents comes around on the off chance that you don't advance in to help a man in require, at that point you should not need assistance if and when you get into any kind of trouble.Just make the best choice be a decent samaritan.>GET ANSWER