Explain the standard of substantial performance as it relates to contract performance and discharge
What will be an ideal response?
In most cases, parties to an agreement discharge their contractual obligation by doing what was required by the terms of the agreement. Many times, however, performance is substantial rather than complete. Traditional common law allowed suits for breach of contract if there was not complete performance of every detail of the contract. Today, however, the standard is substantial performance. This standard requires: a) completion of nearly all the terms of the agreement; b) an honest effort to complete all the terms; and c) no willful departure from the terms of the agreement. Courts usually find substantial performance when there is only a minor breach of contract. For example, A, a contractor, agreed to build a house with five bedrooms for B. By the terms of the agreement, each of the rooms was to be painted blue. By mistake, one was painted pink, and B refused to pay A the $10,000 balance due on the house. The court awarded A $10,000 minus the cost of painting the wrongly painted room, finding that that departure from the contract terms was slight and unintentional and, therefore, insufficient for B to refuse to perform (pay) as agreed to in the contract.
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Answer the following statements true (T) or false (F)
1. Ethnicity is related to factors such as skin, hair, or eye color, whereas race is associated with sociological factors such as nationality, culture, language, and ancestry. 2. As stated in the textbook, it is illegal to fire employees for being lesbian, gay, bisexual, and transgender in all of the United States. 3. According to the Developmental Model of Intercultural Sensitivity, a person is in the acceptance stage when she has a deep understanding of her own and others’ cultural identities and appreciates the value of different cultural perspectives. 4. Individual differences are the various behavioral similarities and differences between people. 5. Self-esteem is our belief in our ability to succeed in a specific task or situation.
Which of the following activities would be part of the value chain of a manufacturer?
a. Inventory control b. Product engineering c. Cost accounting d. Materials storage
Multiple topics are covered in ad hoc meetings
Indicate whether the statement is true or false
A/An ______________ employee is someone who lives and works in a foreign country on a temporary basis.
a. Refugee b. Relegate c. Migrant d. Expatriate