Relevant Facts and Possible Outcomes of the Case - Essay Example

Case Study Case Study Summaries of the relevant facts in chronological order In the first case various critical facts existed. Therewas a written contract between O and C The contract involved painting of the house except the garage The contract provided that the work be a first class job There was a dispute on the ideal definition of a first-class job There was also a dispute on the inclusion of the steps in the final job. There was a consensus that the steps was included in the written contract, but was pointed out during the process of contract negotiation In the second case, The elemental dispute was on the description of Zone 3 Two opinions were expressed, both referring to the provided official standards The two inch limitation test was disputed by the contractor and the owner, where the latter insisted on its observation while the initial pointed out that it was not as relevant. Possible outcomes in the judicial court Regarding the first case, the bench will be tasked with isolating the issues under contest upon which to deliver a ruling. The elemental issues under disputes included the definition of a first class job and the inclusion of the steps in the tasks under contract. The two cases need to be addressed with respect to the arguments provided and the implications of the contract rule. There arises a need to establish a consensus over the ideal description of first-class job. However, considering the arguments of the owner, there seem to be some limitations on the depth upon which the term is defined. The owner has differing opinions on the paint coats to be done on the steps and the house. The double standards allow for the establishment of a clout of dispute in the ideal description of the term. However, the owner and the contractor had an agreement on the observation of a first-class job. Such an agreement allows for the presentation of the considered concerns as an argument of relevance. Apparently, the owner is rather prone gain from the ruling since the contract did not consider defining the elements of a first-class paint work. Regarding the second concern, the ruling will focus on the contract binding the two parties. The steps are not considered to be part of the house. Apparently, both the owner and the contractor seem to concede that indeed the item is not in the contract irrespective of being pointed out during the negotiation phase. Such an observation implies that the ruling over the matter will most probably be perceived to be in favor of the contractor. The owner may be advised to consider establishing another contract in quest of including the considered steps. Regarding the second case, the phrase “Alternatively, if flooding, jetting and vibration are to be used for placing and compaction, the material shall meet the additional requirements specified in paragraph zone 1 and zone 2 Bedding Material for material to be placed and compacted by flooding, jetting and vibration. The maximum size shall pass a 2-inch U.S. Standard Series sieve” allows an advisory path for the ruling. The final statement in the phrase allows for the compliance with the 2-inch test. It is not hinged on the initial consideration on compacting capacity. He verdict will thus favor the coontracctor. Highlight alevant legal rules, doctrines, laws, etc. The owner may reflect on the Buchanan v. Martin Marietta Corp., 494 A.2d 677 and Schiavi v. Goodwin, 542 A.2d 367 (Klass, 2012) that points on the possible aspects upon which interference to the contract may be considered. The prospective argument accorded by the owner may focus on the presentation of grounds that stands to allow the inclusion of the considered contract. The United States contract law remains best suited to legal platform of arbitrating the considered cases. Additionally, the law is expected to offer an insight on the role of the oral submission with respect to the details of a written contract. Possible outcomes if taken to court The elemental outcome from the case upon being taken to court will place in mind the nature of the arguments presented in the respective parties. There exists several lines of arguments that may be presented in the courts. The owner may argue that the provision on the steps and the description of the quality of paint in respect to the class of distinction was omitted from the primary contract on a deliberate perspective. Additionally, the owner may argue that the steps are considered to be part of the house, thus their inclusion remains covered in the elemental contract. In response, the contractor may point out that inclusion of the steps was only aspired by the owner through visual suggestions and no audio declaration or written agreement was made. Additionally, the contractor may argue that all factors that needed to be listed in the written contract over the scope of the assignment were covered, including the specification on the garage. Such an argument may allow for the subliming of possible disputes that may be considered over the omission of the steps. Regarding the quality of the painting, the contractor will be forced to support the argument on the definition of a first – class painting in the entire assignment. The same will be required from the owner. The respective provisions allow for the development of a ruling on the matter. The court will consider the submission in the respective angles as being critical to the shaping of its ruling. Role of the evidence outside the writing The contract between the owner and the comtractor is solely described as being of a written nature. Such an observation allows for the scoring out possible reference to external contributions. The two parties are solely bound by the details of the written contract. The only potential grounds upon which such provisions may be overruled involves the alteration of the written contract, or the provision of two aspects of an agreement. However, the same is not considered for the contract under contest. The court would, thus, not consider the role of external material that is not included in the contract. Relevant external evidence If the court was to consider the materials away from the written contract, the elemental interest would focus on the definition of the “first-class painting”. The matter was not covered in the written contract, but commenced an avenue of concerns on both parties. The court may be compelled to seek external sources to develop a comprehensive description of the term. Regarding the second case, the external material sought by the court would seek to consider the possible interpretation accorded to the clause under dispute. Possible interpretation of the clause The 2-inch test will be found to be independent of the conditions claimed by the contractor. Reference Klass, G. 2012. Contract law in the United States. Alphen aan den Rijn, The Netherlands, Kluwer Law International. Read More