Applying the Law in a Breach of Contract

1 Apply the Law Issues From the facts of the case, several legal issues are evident. First, the question is the extent to which one can say that there was a breach of contract between Angel Tool and Manufacturing Equipment, Inc and Cut Above Construction, LLC. Secondly, the question is with respect to the laws that should be applied so far as the institution of a suit is considered. Thirdly, the question is the extent to which Pensacola Memorial Hospital can be said to have the right to deduct money from its final payment due to the delays caused by Cut Above Construction, LLC. Buy this excellently written paper or order a fresh one from acemyhomework.com

2 Rules & Application Contracts are important in the world of business. As such, they have been conceived to be promises which are not only enforceable, but which also contain predictable consequences for lack of performance. As per the rules of contract law, it is noteworthy that it is only the parties to a contract who can sue in case there has been breach of contract. Thus, in light of the fact that Cut Above Construction, LLC was unable to deliver on its promises, then it can be said to have in breach of the contract.

A breach of contract is said to have occurred where a party to the contract does not accomplish the obligation of contractual performance. When a contract has been breached, one can either receive damages or equitable remedies. In this case, then, the best option is for Cut Above Construction to sue Angel Tool and Manufacturing Equipment, Inc for damages for nonperformance of contract. Alternatively, as was seen in the case of Oliver v. Ball 136 A.3d 162 (2016), Cut Above Construction, LLC could ask for specific performance. However, in doing so, the plaintiff will have to prove that, if the defendant does not carry out the contract, no other person will.

The second issue is about the location where the plaintiff should institute the suit against the defendant. Under contract law, the general rule is that one should sue where the cause of action arose. In this case, it could be said that, because the contract was to be carried out in Pensacola, Florida, then that is where the plaintiff should institute a suit. In instituting the suit, the plaintiff will be able to rely on the provisions of Chapter 501 of the Regulation of Trade, Commerce, Investments, and Solicitations Statute.

The third issue is with respect to the contract between Cut Above Construction LLC and Pensacola Memorial Hospital. Here, the main question is whether Pensacola Memorial Hospital has a right to deduct some of the money it was supposed to pay Cut Above Construction for failure to carry out the terms of the contract. As stated in the section above, a breach of contract usually occurs where some of the terms of the contract have not been carried. It is noteworthy that, in this case, the contract already contained a provision that addressed itself to the question of the breach. For this reason, Pensacola Memorial Hospital is justified in making its deductions.

Conclusion In sum, it can be argued that the main issue arising from the case scenario is that Cut Above Construction had to incur costs because of the failure of Angel Tool and Manufacturing Equipment, Inc to carry out its obligations under the contract. As such, even though it will have to pay the costs of the breach to Pensacola Memorial Hospital, it still has an option of suing Pensacola Memorial Hospital for breach of contract.

3 References Chapter 501 of the Regulation of Trade, Commerce, Investments, and Solicitations Statute Oliver v. Ball 136 A.3d 162 (2016)