LAW
admin | November 3, 2015
Please use legal reasoning (FIRAC) to respond to this question:
Lucy contracts to buy six cases of vintage wine from Mountainside Vineyards for $1,200. The contract states that delivery is to be made at Lucy’s residence “on or before June 1, to be used for niece’s wedding reception on June 2.” On June 1, Mountainside’s delivery vehicle is involved in an accident, and no wine is delivered to Lucy. On the morning of June 2, Lucy buys the wine from Nature’s Vintner. That afternoon, just before the reception, Mountainside tenders delivery of the wine at Lucy’s residence. Lucy refuses tender. Mountainside sues Lucy for breach of contract. How is the court most likely to rule?
I ONLY NEED OUTLINES. Read the question and write outlines such as under examples.
Just change words with your own thoughts.
For facts write three sentences.
Facts:
1. Lucy contracts with Mountainside to deliver wine on or before June1st.
2. Mountainside fails to deliver wine as contracted
3. Lucy refuses Montainside’s tender of delivery the following day
For Issue write one sentence.
Issue:
Whether Lucy breached the contract when she refused tender of delivery a day late?
For Rule write four short sentences.
Rule:
Breach of contract discharges non-breaching party’s duty to perform
1. Contract
2. Breach
3. discharge of Non-breaching party’s duty
For Analysis write three short sentences or words.
Analysis:
1. Contract
2. Breach
3. discharge of Non-breaching party’s duty
For conclusion write one sentence.
Conclusion:
Whether Lucy did not breached the contract when she refused tender of delivery a day late?
