Here is the synopsis of our sample research paper on Trill v American Commerce Bank. Have the paper e-mailed to you 24/7/365.
Essay / Research Paper Abstract
This 5 page paper examines a fictitious case from the perspective if a jury, and considers the way that there may be a determination if a breach of contract took place and then looking at the way damages may be assessed. The bibliography cites 1 source.
Page Count:
5 pages (~225 words per page)
File: TS14_TEtrillc.rtf
Buy This Term Paper »
Unformatted sample text from the term paper:
terms sheets were sent out and signed, but the bank withdrew. Trill received a term sheet signed by the bank and then returned it signed. In order to assess whether
or not there is a breach of contract the first stage is to assess whether or not there is a contact in place. In this case there may be
a contract deemed to be in existence if there was actual subjective intent to enter into a contract, or where a reasonable party may assume there to be a contract.
First we need to look at where there was a subjective intent to enter into a contract. The bank certainly wanted to sell the motor lodge, it was for
sale and they were serous about selling the lodge with the sending out of the letter. However, the terms letter does lay out conditions that need to be met before
there will be a contract for sale including the conditions for funding. Trill has meet the conditions for funding as it was granted, as such it would appear that there
would be an agreement that has no barriers. However, is this sufficient to be a substantive intent on the part of the bank? This means assessing whether nor not the
bank were intending to create a contract. The bank are claiming that this was not the case, but in sending a signed terms letter and making the funds available this
subjective approach may be found to show there was an intention here. The subjective assessment of Trill ma appear to be easier, he made an offer and accepted the
terms in the letter, so there are action that support this. However, there is a barrier to this. There is the intention to form a contract, but it may not
...