Promises and contract law: Comparative perspectives.
Tampa Bay Buccaneers. Prepare this assignment according to the guidelines found in the APA Style Guide. An abstract is required. Tampa Bay Buccaneers Tampa Bay Buccaneers The where the Tampa Bay Buccaneers reside made a deal in order to have their stadium finished before the start of the season. However, the contractor in charge of overseeing the project finished it but was two months late. The city and its management want to sue Dunn for the inconveniences caused financially. There are terms and conditions in a contract that must be adhered to (Goldberg, 2006). Under the contract terms and agreement, Dunn is liable for damages caused since the city had instructed Dunn that, time was a factor in the completion of the project. Dunn’s reason for failing to complete the project on time was that the city failed to honour their terms of the contract. This paper will examine the contract, and who, between the two parties, is liable for a lawsuit.
Under contract law, there are legal promises made to parties getting into an agreement (Monahan, 2001). Dunn, in this case, was entering into an arrangement with the city to start and complete the new city stadium. He knew of the time factor, but was ready to meet the challenge. However, his non-completion meant that he did not honour the terms of the agreement. The contract involved a bargain between Dunn and the city. He was liable to pay the city for all the financial damages the city might have incurred during the pre-season. Dunn, however, did not enter into the agreement alone. The city also made legal promises to him, which according to him, it did not fulfil.
Their failure to honour some of the promises made to him by the city resulted in his failure to complete the project. The contract implied that Dunn would receive safety detail while working on the stadium. They, unfortunately, failed to fulfil their part of the deal. This meant that Dunn was responsible for everything that went on while working to complete the stadium. He catered for everything that was required while working on the project, in order to fulfil his end of the contract. The reason for his failure to complete the project on time was, therefore, justified. He incurred extra costs that should have been the city’s responsibility.
Dunn, in the long run, should not pay any damages to the city. They should pay him for the extra amount of capital he might have put into the project. This is extra capital the city should have been catering for as part of their contract deal. While the pre-season started and the games shifted to another stadium, the Tampa Bay Buccaneers received an amount for their fans moving to watch their games in the other city’s stadium. Therefore, the city did not make a loss altogether, unlike Dunn who is also demanded to pay them for losses. The city should pay Dunn for all the damages for not honouring the terms of their agreement. It was a breach of contract on their part (Goldberg, 2006).
In conclusion, for one party to pay damages which might result in the loss of money or any other harm, the other party must have foregone some of their obligations in the contract (Hogg, 2011). The terms in a contract, whether oral or written, are binding. To enter into a contract, all elements must be present, for example, presence of witnesses. This can ensure that if one of the parties decides not to honour their end of the bargain, they are liable for the consequences.
Goldberg, V. P. (2006). Framing contract law: An economic perspective. Oxford: Oxford University Press.
Hogg, M. (2011). Promises and contract law: Comparative perspectives. London: Sage Publishers.
Monahan, G. (2001). Essential contract law. New York: PULP
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