Breach of Contract Action Discussion
Breach of Contract Action Discussion
Breach of Contract Action Discussion
ORDER NOW FOR AN ORIGINAL PAPER ASSIGNMENT: Breach of Contract Action Discussion
1. Breach of contract action by P against D. P claims D failed to deliver the goods called for in the contract. D asserts the doctrine of impossibility, based on the claim that severe storms caused flooding which destroyed all the goods in D’s warehouse. To prove impossibility, D offers in evidence what appears to be a newspaper published in the town in which D’s business is located, and which is dated a few days before D was supposed to ship P’s order. An article in the paper reports the loss of all the goods in D’s warehouse due to storm-related flooding. P objects on grounds of lack of authentication.
How should the court rule?
The court should overrule the objection
The court should sustain the objection because the newspaper is not the best evidence of whether flooding caused the destruction of the goods in D’s warehouse.
The court should sustain the objection if it finds that there is insufficient evidence to support a finding that this is the newspaper D claims it to be.
The court should sustain the objection if it finds that D has failed to show by a preponderance of the evidence that this is the newspaper D claims it to be.
None of the above
2. Breach of contract action by P, a construction contractor, against D, a lumber wholesaler. P claims that D failed to make a timely delivery of a load of lumber, causing P to suffer significant anticipated consequential damages. D claims it delivered the lumber on time. P calls W, its custodian of records. P’s attorney shows W a document, which W identifies as a record of the kind prepared by its job foreperson any time building materials are delivered to a construction site. W testifies that P kept the document in the company files, as was customary. The document appears to concern the questioned shipment, and bears a delivery date two weeks after the shipment was due. Evidence shows that the person who dated the document was unaware of any potential dispute between P and D. P offers the document into evidence.
Which of the following statements is correct?
A. The document is hearsay and admissible as a business record.
B. The document is hearsay and admissible under the exception for past recollection recorded.
C. The document is hearsay and does not satisfy the business records exception because W did not have personal knowledge of the accuracy of its contents.
D. The document is not hearsay. It was used solely to refresh the recollection of the witness.
3. A trust can be described as
A. A legal entity
B. An illegal device for concealing assets from one’s creditors
C. A relationship wherein the trustee is the legal owner of assets and acts in the interests of the beneficiary
D. A device or entity that can be used for both legal and illegal purposes
E. None of the above
4. Neither the Federal Rules of Civil Procedure nor the Federal Rules of Evidence specify a procedure for Daubert challenges. The Supreme Court’s opinions also fail to specify a required procedure. Despite the varied paths a Daubert challenge can take, there are today two typical procedures:
A. A challenge to an expert made in conjunction with a motion for summary
judgment or a challenge to an expert made in conjunction with a motion for judgment as a matter of law.
B. A challenge to an expert made in conjunction with a motion for summary judgment or a challenge in the nature of a motion in limine
C. A challenge made to an expert in conjunction with a motion for judgment as a matter of law or a challenge in the nature of a motion in limine.
D. None of the above.
5. Forensic accountants need to develop a working knowledge of offshore trusts because:
A. 30 percent of the world’s wealth is contained in offshore asset protection trusts
B. Many ill-gotten gains are placed in offshore trusts
C. Offshore trusts are used only for illegal purposes
D. A and B
E. None of the above
6. During his case, Pete came up with no evidence of Denise’s negligence other than the evidence tending to show that Denise had refused to take the breathalyzer exam. Denise cross-examined Pete’s witnesses on the breathalyzer issue, in such a way that a reasonable jury watching the testimony could have gone either way on the issue of whether Denise refused to take a breathalyzer test requested by the police. Denise’s cross examination of Pete’s witnesses also would have allowed a reasonable jury to conclude that even if Denise failed to take a breathalyzer, she was not in fact intoxicated at the time of the incident.
At the close of Pete’s case, Denise made a motion for a directed verdict, based on Pete’s failure to prove negligence. Should the trial judge grant Denise’s motion?
A. Yes because a reasonable jury might disbelieve Pete’s evidence that Denise failed to take a breathalyzer test.
B. Yes, because a reasonable jury might not believe Denise’s failure to take a breathalyzer constituted negligence
C. No, because Pete’s proof suggesting that Denise failed to take the breathalyzer test, coupled with the statutory presumption, satisfied Pete’s burden of production on the issue of negligence.
D. No, because Pete’s proof suggesting that Denise failed to take the breathalyzer test, coupled with the statutory presumption, satisfied Pete’s burden of persuasion on the issue of negligence.
Assignment Policies
Description
Class-
Please read all of the information about the assignments below:
FORMAT FOR ALL ASSIGNMENTS
The assignments are to be done in Microsoft Word with Times New Roman 12- point font. Each assignment should use the modified APA 6th edition format. The assignment templates are set up in this modified format. The reference page should be in the APA format for every reference. The word requirement for the assignments are specifically stated in the guidelines of the assignment. The word count is from the first word of the introductory paragraph to the last word of the conclusion paragraph. FYI.
REFERENCE REQUIREMENTS
1- There should be a cited reference for each section of a paper as there are conclusion statements in each section (to meet the grading criteria) so the conclusion should be supported by a reference as the assignments are evidence-based research, clinical papers.
2- Word Count- The word count is done from the first word of the introductory paragraph to the last word of the conclusion. The word count must be within the minimum and maximum word limit stated in the assignment instructions. A 10% – point reduction will be made in the total points for the assignment.
Week 1 and 5 assignments should have SIX studies. Week 5 assignment is a compilation of sections from the week 1, 2 & 3 assignments.
Weeks 2 and 3 need to have at least THREE studies in the form of research studies. Please make sure that you look at the instructions for the assignment as well as the grading rubric. I have also provided templates for ALL assignments. It is in your best interest to use these as it will guide you so that you do not make common formatting errors.
APA FORMAT FOR ASSIGNMENT
Please utilize the resources in the STUDENT SUCCESS CENTER if you have difficulty with APA 6th Edition format, grammar, sentence structure, punctuation or tense structure.
SUBMISSION OF ASSIGNMENTS
Always submit the assignment in the drop box for that assignment. I cannot accept any assignment as an attachment to an email sent to my college email. Attaching it to a posting to the Questions to Instructor Forum or the Individual Forum is also not accepted.
I cannot grade any assignment unless it is placed into the drop box by the student per university policy.
Turn-It-In / Lopes Write
This is to be used for the assignments for these three weeks (2, 3 & 5) and it is NOT required for Week 1. All assignments will be placed through Turn It In first and then submitted in the drop box on the course shell. No assignments will be accepted as attachments to emails as this is not the university policy.
Grading Rubric-
The rubric for each assignment is found in the upper right- hand corner of the assignment page under the Forum Tab. Compare the requirements of the rubric with your paper prior to submission into the drop box so you will receive full credit for all graded criteria of the paper.
Late Assignment-
Any assignment that is late will have 10% deducted each day it is late. This is a 5- week class. It is imperative that you ask for help if you are having difficulty with an assignment.
You need to contact me as soon as possible if an assignment will be late prior to the submission deadline.
