LAW 122 Study Guide - Midterm Guide: Opera Experiment
9 Mar 2016
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He agreed to repair her roof and she promised to drill a water well on his farm. Miles immediately fulilled his obligaion by repairing sudevi"s roof. Sudevi later discovered, however, that contrary to her iniial assumpion, miles"s farm is situated on rock rather than sand. She also realized that she did not have the type of equipment required to drill a well through rock. Miles took pity on her and generously agreed to simply discharge their contract: miles can release/discharge the agreement and can only be enforceable if sundevi ofers new consideraion o. Or if not consideraion, the discharge agreement must be under seal. Case study: pg278 hong kong fir - Legal issue: whether this breach was a condiion or by warranty. Applicaion of the law to the facts: warranty. Ship might be unseaworthy either because its hull was irreparably pierced or because its toilets did not work quite right. The disputed term therefore was classiied as an intermediate term.
