“Breach of Contract

 

 

Johnny, a neighbor who is not a merchant under the Uniform Commercial Code, offers to buy a car from Mark for $30,000.  Mark asks Johnny for some time to think about it. Johnny says sure. He writes on a piece of paper that he will keep the offer open for two weeks.
A week later Johnny sees another car he would rather buy. He purchases that, and then he tells Mark that he is revoking his offer.
Two days after that Mark said: “I’m sorry Johnny you made an offer in writing to buy my car. I’m going to hold you to that.”
Johnny replied: “Sorry I cannot do that.  But I will promise to pay you $10,000 for the help you gave me last year around the house.”  Somewhat mollified Mark accepts.
A week later and Johnny decided to renege on that promise as well.
Fed up, Mark sued Johnny for breach of contract on both the promise to buy the car and the promise for the $10,000.
Discuss whether the elements of a contract are satisfied here.

 

Sample Solution

Breach of Contract

In a perfect world, business contracts would be entered into, both sides would benefit and be pleased with the outcome, and no disputes would arise. But in the real world of business, delays happen, financial problems can crop up, and other unexpected events can occur to hinder or even prevent a written contract from being carried out and one party ends up suing the other. A business contract creates certain obligations that are to be fulfilled by the parties who entered into the agreement. Legally, one party`s failure to fulfill any of its contractual obligations is known as a breach of the contract. When a breach of contract occurs or is alleged, one or both of the parties may wish to have the contract enforced on its terms, or may try to recover for any financial harm caused by the alleged breach. If a dispute over a contract arises and informal attempts at resolution fail, the most common next step is a lawsuit.

In the world of business, and rather esoterically, doublespeak can be easy to miss if you are not paying attention or lack knowledge on the topic discussed. Because of this, Lutz demonstrates that in 1978, an airline was able to refer to a plane crash as an involuntary conversion to self-protect against the magnitude of the tragedy. Here, the doublespeak of jargon functions as verbal shorthand used to conceal rather than reveal the truth; under similar circumstances, medical malpractice can become therapeutic misadventure (387) and glass occasional bureaucratese, and Lutz highlights the winding, incomprehensible dialect of Federal Chairman, Alan Greenspan (383) as an example to show how language is often bastardised to overwhelm an audience and make things obscure.

In like manner, when words are used to convey a heightened sense of value, or when a convoluted sense of authority or importance is assigned to a person or thing or event, they are in action as inflated language. To put it differently, when a company announces the initiation of a career alternative enhancement program, what it really means is that workers will be laid off; the term for car mechanic is inflated to mean automotive internist, used cars identify as experienced and the U.S. military describes a premeditated ambush of American troops as engaging the enemy on all sides (383). This type of language extends into academia where doublespeak can also be used when trying to describe things that don’t necessarily have to be bad; that is, it is employed to simply enhance the truth. For this reason, libraries are referred to as learning resource centres.

Ultimately, Lutz urges a reversal of linguistic decay which, according to him, is a necessary step towards political revival and language appreciation. Stressing doublespeak as a matter of intent, he believes that we should have concern about the decadence of language used in public discourse and encourages teachers (or classroom managers) to mandate an internalisation of appreciation for clear, honest communication so that students can find beauty in the correct usage of English and contest its debasement.

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