Contract Law Legal Claim and Damages Perspective Analysis Discussion You own a manufacturing company that has a very profitable contract with a large retail chain. One of your competitors learns of your agreement and contacts the retail chain, telling them that your products are poorly manufactured and that the retail chain should refrain from buying your products. Instead, the competitor suggests that the retail chain enter into a contract with them to manufacture the products they seek. After this conversation, the retail chain cancels the contract with your manufacturing company, essentially breaching the contract, and begins buying their required merchandise from your competitor. The products manufactured by your company are in fact very high quality products. There have never been complaints in the industry relative to the service or products that you provide. And, you have longstanding contractors with other retailers to support the quality of your product. Under the law, you can sue both the manufacturing competitor and the retail chain for losses suffered. What legal claim would you make against the retail chain in this situation? What legal claim would you make against your competitor manufacturing company, with particular regard to the tort issues covered in this week’s materials. From a damages perspective, what types of damages are recoverable and are you permitted to recover twice under the law? Fully explain your answer.Rubric and the assignment sample in the files. Assignment Rubric
Criteria
(Weight)
Professional
(100%)
Thorough
(90%)
Adequate
(70%)
Responsiveness
to Question
Posed
(50%)
Answer
addressed all
of the
points/issues
raised by the
legal question;
the answer
was correct
and or/ the
position was
clearly and
fully explained
and supported
and more than
250 words
Answer
addressed
most of the
points/issues
raised by the
legal question;
the answer
was correct
and or/ the
position was
clearly and
fully explained
and supported
and at least
250 words
Critical
Thinking
Weight
(15%)
Writing reflects
critical thinking
and depth
expected at
the college
level
No grammar or
spelling
mistakes
Writing reflects
some critical
thinking and
depth but
could be
improved.
Few grammar
or spelling
mistakes.
Answer
addressed a
few of the
points/issues
raised by the
legal question;
the answer
was correct
and or/ the
position was
somewhat
explained and
supported
or only
between 200250 words
Writing lacks
sufficient
critical thinking
and/or depth.
All sources
cited in-text
and included in
works cited
Some in text
citation and a
works cited
provided.
Grammar,
spelling, syntax
and clarity of
writing
(10%)
Citation to
legal sources,
whether
outside sources
or embedded
in the course
(25%)
Not Fully
Developed
(50%)
Missing one or
more critical
issues raised by
the question or
under 200
words
Does Not Meet
Requirements
(0%)
Nothing
submitted.
Writing shows
a serious lack
of critical
thinking and
depth.
Nothing
submitted.
Several
grammar or
spelling
mistakes
Numerous
grammar or
spelling
mistakes
Nothing
submitted.
In text citation
to materials
referenced. No
works cited.
Works cited,
but no in text
citations
No sources
provided
Assignments have a 250 Word Minimum
EXAMPLE
Assignment: A limiting liability statute requires that a hotel post the necessary notice in the
registration area, in the hotel lobby, and in the Guest rooms. If a hotel posts the notice in the
registration area and in Guest rooms but fails to post in the lobby, will the hotel be entitled to
limited liability? Why or why not?
Answer:
In this example, the hotel would not be entitled to limited liability. In order to receive the
protection of a limiting liability statute, hotels are required to strictly comply with the statutory
requirements. See,
https://scholarship.law.nd.edu/cgi/viewcontent.cgi?article=4407&context=ndlr
Therefore, the hotel in this situation would forfeit its ability to rely on the limiting
liability statute and be held responsible under the common law rule. The common law rule with
respect to hotels and lost or damaged property is one of absolute liability.
https://scholarship.law.nd.edu/cgi/viewcontent.cgi?article=4407&context=ndlr at page 423.
There are three exceptions to absolute liability. If the loss was caused by an act of God, an act of
a public enemy, or the guest’s own negligence, the hotel would not be liable. Therefore, failure
to follow the law precisely will result in loss of the statutory protection and full liability under
the common law. Here, the hotel did not strictly comply with the statutory requirements.
https://scholarship.law.nd.edu/cgi/viewcontent.cgi?article=4407&context=ndlr at page 431-433.
Here, the hotel failed to post the sign in the lobby (as required by the limited liability
statute); thus, the hotel would be fully liable for any valuables lost, damaged, or stolen. It is not
sufficient to post in two of the three locations required by law. The hotel must post in all the
locations required and post the notices conspicuously where guests can easily read the limitations
under the law as it pertains to their property. In some jurisdictions, it may also be necessary to
post the warnings regarding limited liability in foreign languages if it is reasonable to suspect
that someone who speaks another language may use the premises. In addition to where the
notices must be posted, the law requires that the dollar amount that the guest would be limited to
recover from the hotel also be listed in the notices and that. The hotel here would bear full
liability for any loss that may occur given the failure to comply.
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