University Of Phoenix
July 09, 2008
Grocery Inc., a retail grocery stores chain based in Any State, U.S.A. needs to renovate their store. Grocery Inc. entered into an enforceable contract with Masterpiece Construction explaining the renovations must be complete within a six-month period. Masterpiece, unable to complete the renovations within the six-month time limit due to a sudden increase in new contracts, sub-contracted the entire job to Build Them To Fall. Grocery Inc. was unaware of the sub-contract. When Grocery realized (due to the poor quality of work) that Build, not Masterpiece, was handling the renovation, Grocery petitioned the court for an injunction and then sued Masterpiece for breach of contract and specific performance. Masterpiece argued that it had a right to delegate the duties of the contract, or in the alternative, to discharge the contract due to commercial impracticability. (Cheeseman, 2007) Grocery Inc. immediately petitioned for an injunction to request Build to discontinue its construction because of the poor quality. In the mean time, Grocery Inc. sued Masterpiece for breach of contract and specific performance, although specific performance may not be the best choice. Specific performance is granted by the court only if the land or property is unique and/or antique; this is just a renovation of a grocery store. On the other hand, Grocery Inc. should sue Masterpiece for material breach of contract and against Build inferior breach of contract. Masterpiece’s failure to perform the job itself would constitute inferior breach, and material breach against Build for the poor quality of work. Masterpiece did not have the right to subcontract the project to another company. They signed a unilateral contract with Grocery Inc. They should have rescinded the contract before any construction began and perhaps offered an alternative company to do the work. In...