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Essay / Research Paper Abstract
This 4 page paper looks at three issues of law. The first is whether a contract is valid and if the terms have been breached in a scenario where an art collectors contracts to have a painting commissioned and the painter subcontracts the work. The next section outlines the three branches of government, the last section of the paper considers remedies for breach of contract. The bibliography cites 3 sources.
Page Count:
4 pages (~225 words per page)
File: TS14_TEcomlaw2.rtf
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Unformatted sample text from the term paper:
be the intent of forming a contract (Emanuel, 2006). In the case of Mimsy, an art collector, and her commissioning of a painting by Gary there appears to be
an agreement in place. The terms are that Gary will paint a picture for Mimsy, for consideration of $400 to be delivered within three weeks. This all appears to be
clear and the terms were accepted by both parties. This means we have a valid contract. B. When Gary realizes that he does not have time to do the work
he subcontracts it to a lesser known artist. It may be argued that the contract was for a painting and that Mimsy gets that painting in line with the contract,
on time and for the $400, but she is claiming breach of contract. The issue is whether it is only the painting that is the material term of the contract,
or if it was a painting specifically by Gary. If it is the former then there is no breach, but if it is the latter there is a breach. It
may be argued that at $400 the price is well below the market price and as such it is should not be expected that it was Gary. Contract law doe
not make assumptions regarding the level of consideration, only that it exits, the level is a commercial and not a legal matter. However, it was clearly the intention of Gary
that he understood the terms to be that he would paint the picture, and with Mimsy being an art collector it appears unlikely that a court would find that the
term was for Gary to paint it and as such a fundamental term within the contract has been breached, as such she should not have to accept the painting
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