Big Bank s president also threatens legal action. What potential causes of action could you foresee him bringing in court?
Would he be successful? Why or why not? What arguments could Systems Inc. raise in its defense? What are Big Bank s potential damages?
Review the facts provided and the sample contract.
What provisions of the contract could you cite to support an argument that it is not in Big Banks best interest to rescind the contract? What facts could you cite to support an argument that Big Bank be responsible for some of these issues and/or not in compliance with the contract?
In this situation, amicable resolution of problems is greatly preferred by your company.
Would this be true in all contract disputes? In what situations and why would you decide to move to litigation over amicable resolution?
There are three types of contract performance: complete, substantial, and material breach. Describe the differences (and similarities) among the three, and explain some of the legal ramifications for one or more of these types of performances.
(e.g., what happens if one party performs completely but the other party performs only substantially?) Give examples from outside readings or experiences in your career or personal business life.
What are the two most important concepts from this exercise that will help you in future contract negotiations?
