Although the term paper topic is your choice, I suggest that you choose a problem, situation or question you have encountered at work – or talked about at a tailgate party. Using basic legal research tools, determine and explain the specific nature of the “legal” problem, what “law” applies, how the courts generally rule in such cases, and what steps should have been taken to avoid the problem and its complications in the first place. You may write from the point of view of a particular party to the dispute, as the judge or arbitrator, as an employee writing a memo to the boss on how to alter his business practices to avoid legal complications; whatever works. With respect to the report, including your analysis and judgments, let me make one point perfectly clear.
In addition to footnote or endnotes as explained below, a complete bibliography of the books and articles you use, as well as a list of cases cited must be included.
This material may consist of step-by-step explanations on how to solve a problem or examples of proper writing, including the use of citations, references, bibliographies, and formatting. This material is made available for the sole purpose of studying and learning - misuse is strictly forbidden.Facts
1. A&T is a construction firm involved in constructing a Residential Complex for NightLine Apartments. The contract signed between both parties provided that A&T will deliver the completed residential complex by 5th March 2016.
2. The agreement between the parties provided that in the e vent of breach by either party the maximum amount that can be claimed is USD15 million and not more.
3. On 12th January 2014 the workers of A&T Constructions went on a strike demanding higher daily wages. As the deadline was fast approaching A&T management agreed for the demand of higher pay with the condition that all payments will be made cumulatively at the end of the project.
4. On 2nd March 2014 the company that A&T had contracted with, J&J Raw Materials, to provide them with all raw materials needed for construction, including, cement, steel etc filed for bankruptcy. This stopped any further construction work with the result that the Residential Complex was not completed on the 5th of March as envisaged by the Contract.
5. NightLine Apartments approached the Court of Law claiming damages for breach of contract. At the Court of law A&T construction firm raised the defense of Frustration of Contract stating that the bankruptcy of J&J Raw Materials cut off the supply of raw materials and hence could not complete the project on time.
6. Further at the termination of the contract A&T Constructions refused to pay its workers according to the revised terms they had agreed to on the 12th January 2014 to call off the strike. A&T was ready to pay the workers on the original terms but not according to the new terms as the company claimed this amount to economic duress and hence they are entitled to set this contract aside.
In solving the problems put forward by this fact situation we first need to identify the issues in question. Identification of issues are of at most importance as the wrong identification of issues can lead the party towards the wrong path and result in the party not getting the relief it wants. Thus identification of legal issue in question and analyzing the reliefs and case law in relation to that issue is of at most importance to the success of the case....