Enforceability of a Contract As Term Paper

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Legal methods of voiding contracts include action by both parties through revocation, rejection, counter-offer, and full performance. Methods of voiding contracts by law include lapse of time, destruction, death or incompetence, and/or illegality.

When entering into the contract with Furniture World, Bryant Remodeling did so in good faith and competency, under no duress, intent to fraud, or a frustration of purpose. Bryant Remodeling fully believed that they would be able to fulfill the terms of the contract as stipulated by Furniture World, but because they did not foresee their future workload. Though Bryant Remodeling has the right to subcontract to Kreeky Construction, it should have been stipulated in the contract between Furniture World and Bryant Remodeling that Bryant Remodeling had the right to hire a subcontractor if they felt it necessary. Additionally, Bryant Remodeling argues that he could have discharged the contract due to commercial impractibility. Again, unless it was specifically stated that the contract could have been voided due to commercial impractibility, Bryant Remodeling had an obligation to fulfill the contract.

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As the power of a contract cannot be transferred to another party, Furniture World has no obligation to compensate Kreeky Construction for their work, nor does Kreeky Construction have any obligation to fulfill the contract between Furniture World and Bryant Remodeling. Furniture World had right to seek an injunction on the work and for specific performance because the work was not being performed as was stipulated in the contract between Furniture World and Bryant Remodeling.

In order to avoid problems within contracts, specificity is key. Detail contingencies and provide agreement for reasonable reparation.

Reference List:

Cross, F. 2007. "West's Legal Environment of Business." Eagan: West Publishing Group

"Legal Elements of a Contract." 2011. Retrieved from < www.window.state.tx.us/.../contractguide/LegalElementsofaContract.pdf>

Treitel, G.H. 2007. "The Law of Contract." Sweet and Maxwell: United Kingdom.....

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