Memo
Memo
To: Senior Attorney
From: Shaimah Hoosein
Date: [ 10/19/2010 ]
Re: New Client Angela Woodside.
Angela Woodside visited our firm on December 18th 2007 and played out her scenario for us so that we can help her resolve this dilemma she has been caught up in. After her meeting, you’ve requested that I address the following six (6) issues with my opinion. Please take a moment to review my research.
After reading the scenario between Ms. Woodside and Doyle Contractors the following are the conclusions I have come to. 1. Has Doyle Contactors breached its contract with Angela Woodside?
Since Doyle Contractors sent a letter to Angela stating that they intend to stop making monthly payments for the land, they have positively and unequivocally stated that they will not perform on the contract, thus causing them to breach their contract with Angela Woodside. 2. Does Ms. Woodside have to wait until after April 1, 2008 to sue Doyle Contractors for breach of contract?
Doyle Contractors has clearly stated the intent not to honor its contractual obligation before the time for performance. Because of this decision Ms. Woodside has an immediate right to commence a lawsuit. What this means is that although the time for the contract is not due, Ms. Woodside does not have to wait until after April 1st 2008 to sue for breach of contract under the contract term where there has been an anticipatory repudiation. (Spagnola, Ch.10) 3. Assuming a breach of contract has or will occur, what remedies does Ms. Woodside have after the breach?
There are a few remedies Ms. Woodside can use to help her in this situation where a breach of contract has occurred.
The first remedy could be the simple option of mutual rescission. In this way, the parties can agree to terminate the contractual relationship and return to the pre-contract status quo. By doing this the parties can relinquish their right to commence a lawsuit based on the original and currently existing cause
To: Senior Attorney
From: Shaimah Hoosein
Date: [ 10/19/2010 ]
Re: New Client Angela Woodside.
Angela Woodside visited our firm on December 18th 2007 and played out her scenario for us so that we can help her resolve this dilemma she has been caught up in. After her meeting, you’ve requested that I address the following six (6) issues with my opinion. Please take a moment to review my research.
After reading the scenario between Ms. Woodside and Doyle Contractors the following are the conclusions I have come to. 1. Has Doyle Contactors breached its contract with Angela Woodside?
Since Doyle Contractors sent a letter to Angela stating that they intend to stop making monthly payments for the land, they have positively and unequivocally stated that they will not perform on the contract, thus causing them to breach their contract with Angela Woodside. 2. Does Ms. Woodside have to wait until after April 1, 2008 to sue Doyle Contractors for breach of contract?
Doyle Contractors has clearly stated the intent not to honor its contractual obligation before the time for performance. Because of this decision Ms. Woodside has an immediate right to commence a lawsuit. What this means is that although the time for the contract is not due, Ms. Woodside does not have to wait until after April 1st 2008 to sue for breach of contract under the contract term where there has been an anticipatory repudiation. (Spagnola, Ch.10) 3. Assuming a breach of contract has or will occur, what remedies does Ms. Woodside have after the breach?
There are a few remedies Ms. Woodside can use to help her in this situation where a breach of contract has occurred.
The first remedy could be the simple option of mutual rescission. In this way, the parties can agree to terminate the contractual relationship and return to the pre-contract status quo. By doing this the parties can relinquish their right to commence a lawsuit based on the original and currently existing cause
References: 1. Spagnola, L. (2008). Contracts for paralegals: legal principles and practical applications