Angela Woodside Case Study
Woodside Memorandum
PA165: Introduction to Torts
May 19, 2014
To: File
From: Paralegal John
Date: May 19, 2014
Re: Angela Woodside Case
Facts: Angela Woodside, a resident of New York, inherited ten acres of land in Ohio. She decided to sell the property to Doyle Contactors, Inc. for the sum of five hundred thousand dollars ($500,000.00). Doyle Contractors entered into a contract with Angela Woodside for the purchase of the above property on June 1, 2007. As part of the contract, Ms. Woodside provided owner financing by accepting a $100,000 down payment from Doyle Contractors and agreeing to receive the remaining $400,000 in monthly installments over a ten (10) year period. …show more content…
Breach of contract states that “failing to perform any term of a contract, written or oral, without a legitimate legal excuse.” Hill, Kathleen and Gerald. Breach of Contract. (n.d.). Retrieved from: http://dictionary.law.com/Default.aspx?selected=93.
2. Rescission and Restitution states that “a decision by the court that renders the contract null and void and requires the parties to return to the wronged party any benefits received under the agreement.” Linda A. Spagnola, J.D., Contracts for Paralegals: Legal Principles and Practical Applications 182-183 (2008) Retrieved from: https://online.vitalsource.com/#/books/0078133580/pages/76856527.
3. Punitive damages is “an amount of money awarded to a nonbreaching party that is not based on the actual losses incurred by that party, but as a punishment to the breaching party for the commission of an intentional wrong.” Spagnola, Linda. 2008. Contracts for Paralegals. Legal principles and practical Applications. Retrieved from: https://online.vitalsource.com/#/books/0078133580/pages/76856527.
4. Mitigation states if “a person who has suffered an injury or loss should take reasonable action, where possible, to avoid additional injury or loss.” Farlex. Mitigation. (2014). Retrieved from: …show more content…
Declaratory judgment is “the court’s determination of the rights and responsibilities of a party with respect to the subject matter of the controversy. The court’s decree settles the matter in its entirety.” Linda A. Spagnola, J.D., Contracts for Paralegals: Legal Principles and Practical Applications 182-183 (2008) Retrieved from: https://online.vitalsource.com/#/books/0078133580/pages/76856527
6. Objective impracticality states that “A party’s performance is excused only when the circumstances surrounding the contract become so burdensome that any reasonable person in the same situation would excuse performance.” Linda A. Spagnola, J.D., Contracts for Paralegals: Legal Principles and Practical Applications (2008)
7. Frustration of purpose states “sometimes called commercial frustration, when unexpected events arise which make a contract impossible to be performed, entitling the frustrated party to rescind the contract without paying damages.” Linda A. Spagnola, J.D., Contracts for Paralegals: Legal Principles and Practical Applications (2008)
8. Force Majeure states that “[A]n event that is neither foreseeable nor preventable by either party that has a devastating effect on the performance obligations of the parties.” Linda A. Spagnola, J.D., Contracts for Paralegals: Legal Principles and Practical Applications
PA165: Introduction to Torts
May 19, 2014
To: File
From: Paralegal John
Date: May 19, 2014
Re: Angela Woodside Case
Facts: Angela Woodside, a resident of New York, inherited ten acres of land in Ohio. She decided to sell the property to Doyle Contactors, Inc. for the sum of five hundred thousand dollars ($500,000.00). Doyle Contractors entered into a contract with Angela Woodside for the purchase of the above property on June 1, 2007. As part of the contract, Ms. Woodside provided owner financing by accepting a $100,000 down payment from Doyle Contractors and agreeing to receive the remaining $400,000 in monthly installments over a ten (10) year period. …show more content…
Breach of contract states that “failing to perform any term of a contract, written or oral, without a legitimate legal excuse.” Hill, Kathleen and Gerald. Breach of Contract. (n.d.). Retrieved from: http://dictionary.law.com/Default.aspx?selected=93.
2. Rescission and Restitution states that “a decision by the court that renders the contract null and void and requires the parties to return to the wronged party any benefits received under the agreement.” Linda A. Spagnola, J.D., Contracts for Paralegals: Legal Principles and Practical Applications 182-183 (2008) Retrieved from: https://online.vitalsource.com/#/books/0078133580/pages/76856527.
3. Punitive damages is “an amount of money awarded to a nonbreaching party that is not based on the actual losses incurred by that party, but as a punishment to the breaching party for the commission of an intentional wrong.” Spagnola, Linda. 2008. Contracts for Paralegals. Legal principles and practical Applications. Retrieved from: https://online.vitalsource.com/#/books/0078133580/pages/76856527.
4. Mitigation states if “a person who has suffered an injury or loss should take reasonable action, where possible, to avoid additional injury or loss.” Farlex. Mitigation. (2014). Retrieved from: …show more content…
Declaratory judgment is “the court’s determination of the rights and responsibilities of a party with respect to the subject matter of the controversy. The court’s decree settles the matter in its entirety.” Linda A. Spagnola, J.D., Contracts for Paralegals: Legal Principles and Practical Applications 182-183 (2008) Retrieved from: https://online.vitalsource.com/#/books/0078133580/pages/76856527
6. Objective impracticality states that “A party’s performance is excused only when the circumstances surrounding the contract become so burdensome that any reasonable person in the same situation would excuse performance.” Linda A. Spagnola, J.D., Contracts for Paralegals: Legal Principles and Practical Applications (2008)
7. Frustration of purpose states “sometimes called commercial frustration, when unexpected events arise which make a contract impossible to be performed, entitling the frustrated party to rescind the contract without paying damages.” Linda A. Spagnola, J.D., Contracts for Paralegals: Legal Principles and Practical Applications (2008)
8. Force Majeure states that “[A]n event that is neither foreseeable nor preventable by either party that has a devastating effect on the performance obligations of the parties.” Linda A. Spagnola, J.D., Contracts for Paralegals: Legal Principles and Practical Applications