The Contract Law and The Tort Law

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According to the contract law, both parties are required to act in accordance to the promises that they have made for each other. In the provided case, Homer entered into a contract with Lucy through his acceptance to purchase Lucy’s house. He also promised to show up within an hour so that he could see the house.

However, Homer violated the law by failing to show up within the timeframe. He offered no explanations that he would not show up until the next day after the house had already been sold. According to the Contract law, Lucy had the right to terminate her contract with Homer on the basis of Homer’s impossibility of performance and his failure to meet his promise (McKendrick 59). Homer’s threats to sue Lucy are most likely going to be unsuccessful since there is no instance where Lucy violates the contract law.  

The Uniform Commercial Code (UCC) does not apply to the case since the law is only essential in regulating sales and commercial transactions between two or more states in America (Tepper 314). The case does not provide any information that the parties were located in different states.

Question Two

The tort law holds individuals that cause loss or harm to others responsible for their actions. Charlie could be held responsible for the suffering that he caused Ralph as a result of his prank. According to the case, Ralph was traumatized by the situation and also developed a small wound on his face.

The negligence tort would perfectly apply to this case (Hylton 34). Charlie fails to exhibit a reasonable standard of care while he was performing the prank on Ralph. He was careless that while jabbing his ‘sworn enemy’ he would inflict physical damage as well as emotional stress.

Also, Charlie would be held responsible for his actions through the intentional tort. He knowingly jabbed Ralph on his forehead despite being aware that he could cause physical damage (Hylton 44). If Ralph prevails, he would be entitled to financial, physical and emotional damages.

Works Cited

Hylton, Keith N. Tort Law: A Modern Perspective. Cambridge University Press, 2016.

McKendrick, Ewan. Contract law: text, cases, and materials. Oxford University Press (UK), 2014.

Tepper, Pamela. The Law of Contracts and the Uniform Commercial Code. Cengage Learning, 2011.

December 12, 2023

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