What recent breach of contract cases have you heard about on the radio, on T.V. , online, or read about? (No class actions, or breach of credit card/identity cases!)
1. Summarize the case – one paragraph (who sued whom, for what? In other words what are the terms of the contract the plaintiff is claiming have been breached. Does the defendant state any defense?)
2. What part of those lawsuits represents compensatory damages? What part consequential damages? Were there any punitive damages awarded and if so state why the case merited punitive damages. (In your response please note the difference between compensatory and consequential damages – these are not the same and have specific legal definitions.)
3. Do the amounts seem fair based on the facts of the case?
Post your response. (Restate the questions and number your responses.)
Is it fair for a court to hold that parties are bound in contract even though one of the parties claims that he/she did not intend to form a contract? Generally, should the courts give more weight to subjective intent in determining whether a contract has been formed? Why or why not.
What is the current state of technology for protecting online transactions? How can a party be assured that the negotiation and transmission of a contract online is secure? How can the performance of a contract be monitored online?
Here’s an article to consider for this part.