A rock band was about to begin a grueling four-month world tour. The band's manager telephoned a massage therapist and said that he would like to reward the band for all their hard work on the tour by booking massages for all of the band members immediately after the last show in the tour. The therapist agreed to perform the massages at a deeply discounted rate because she secretly was a devoted fan of the band and excited to have the opportunity to meet the band members. Just before the first scheduled performance, the band's singer developed a rare throat infection, and as a result, the band had to cancel the tour at great expense. The manager notified the massage therapist that her services would not be needed. The therapist objected and demanded that the manager arrange for her to perform the massages for the band at a different time.

a. Is there a contract?
b. Was it breached?

Answers

Answer 1

Answer:

a. There is a contract between the band manager and the massage thereapist because the elements of a contract (mutual assent, expressed by a valid offer and acceptance; adequate consideration; capacity; and legality) are fully satisfied.  However, it is a conditional contract.  The condition for executing the contract was missing as a result of the occurrence of the unforeseen event.

b. The contract was not breached.  It was frustrated because an unforeseen event occurred and prevented the contract from being performed as agreed.  The band manager can still rearrange the massages to be performed at a different time.

Explanation:

Though the massage therapist heavily discounted the rate of the massages, there is still adequate consideration because she was using the opportunity to satisfy her excitement to meet the band members while at the same time collecting some fees for her work.  A contract may be frustrated with the occurrence of an unforeseen event after the contract is entered, especially when the event is not within the control of the parties as in this case.


Related Questions

Law Enforcement can issue a DUI for driving under the influence of prescription drugs just as they would for
someone who wad been drinking and driving.
A. True.
B. False.

Answers

It is TRUE I have worked as a deputy for 5 years now, and they do get treated the same.

Impairment simply is impairment

The statement" Law Enforcement can issue a DUI for driving under the influence of prescription drugs just as they would for someone who wad been drinking and driving" is True.

What is Law Enforcement?

Law enforcement is the practice of some members of the government acting in a planned manner to uphold the law by identifying, discouraging, treating or punishing those who disobey the laws and social standards that govern that society.

The phrase refers to the legal system, courts, and prisons. By using record sharing and interdependent collaboration, these three elements can function alone or jointly.

The idea of law enforcement has been around since the dawn of time, and police and law enforcement have taken many different forms in all human communities.

The term "peace officer," or "law enforcement officer," is used in modern state legal codes to refer to every person who the legislating state has invested with police power or authority. Traditionally, law enforcement refers to anyone who is sworn or badged and has the authority to detain anyone for violating the law.

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Under the Texas penal code one definition of “intoxicated” involves not having the normal use of ones mental or physical abilities as a result of consuming ?

Answers

Answer:

Alcohol

Explanation:

taking alcohol makes some changes in ones behavior

Asking yourself whether your mind is currently occupied by things that can take your concentration off the road is something you should do ______.

Answers

iebwbehwhjwjshehhee wuwiuehe.hwjwje ...

get your mind to think about other things so your concentrated

Need help with drivers Ed questions

Answers

Answer:

traditional and non traditional intersections

Explanation:

Pretty sure it’s the second one

What is the purpose of cross-examination during a trial?
O A. To convince the judge to deliver a verdict immediately
B. To summarize each side's arguments to the jury
C. To make witnesses look untrustworthy and suspicious
D. To give the jury a firsthand account of an incident

Answers

C. To make witnesses look untrustworthy and suspicious.

Cross-examination is used during a trial to test the witness's credibility and to create doubt.

Answer:

To make witnesses look untrustworthy and suspicious

Explanation:

At trial in a criminal prosecution for theft, the defendant calls a witness to testify that he formerly knew the defendant as an army supply sergeant and that the defendant had turned down many opportunities for black marketeering.
Is the witness's testimony admissible?

Answers

Answer:

No. Should be no.

Explanation:

black marketeering has noting to do with prosecution because of theft.

BLACK MARKETEERING:

illegal traffic or trade in officially controlled commodities.

THEFT:

the physical removal of an object that is capable of being stolen without the consent of the owner and with the intention of depriving the owner of it permanently.

Black Marketeering pervention has nothing to do with stealing.

Probably not. Under Federal Rules of Evidence 404(a) character evidence is limited. The witness could testify that the defendant has the character trait of honesty but not the specific instances of being honest.

senate bill 35 is the zero tolerance law for someone over 21. true or false?

Answers

Answer:

False

Explanation:

California Senate Bill 35 is a statute streamlining housing construction in California counties and cities that fail to build enough housing to meet state mandated housing construction requirements. The bill was introduced to the California State Assembly by State Senator Scott Wiener on December 15, 2016

with reference to the company act in Kenya ,describe the capacity of a company to enter into a binding contract.​

Answers

Answer:

To enter into a binding contract, you have to be show that the presentation for the contract is made in a well label manner

which option would best fit in this diagram in the bubble labeled 3? helppp plz​

Answers

Answer:

letter d

Explanation:

state supreme court's

Answer:

The correct answe is  A. U.S. district courts

Explanation  

I just took the test

Discuss the claim that foreign policy and domestic policy are two faces of the same coin. give me full answers.​

Answers

Answer:

Foreign policy and domestic policy are considered as the two faces of a coin because any change in both of these policies will impact on the macroeconomic variables of both the nation.

Explanation:

Foreign policy and domestic policy are considered as the two faces of a coin because any change in both of these policies will impact on the macroeconomic variables of both the nation.

Why does it keep taking money from me I don't even use this app it's taking my money and I want it back

Answers

Answer:

1dk im sorry :(

Explanation:

Samatha has a small business selling clothes. Because his shop is too small to store all his goods so he must hire a warehouse. Each time that he took goods to the warehouse he was asked to sign an invoice which contained an exclusion clause stating that the warehouse owners were not liable for any damage to the goods. This invoice was put into effect in September 2020, whereas the contract had been agreed on July 2020. One day, Samatha came to take his clothes but realised that most of them were burned due to a fire. As a result, he required the warehouse owner to compenstate him and refuesed to pay for the storage. The warehouse owners brought action against him.

Answers

Question Completion:

Do the warehouse owners have to be responsible for the loss?

Answer:

Samatha Vs Warehouse Owners

Legally, the warehouse owners are not liable for the loss.  Through a series of previous dealings, the contract terms were restated or amended using the exclusion clause on the invoice, which Samatha signed.

Samatha should have been aware that exclusion clauses lessen contractual liabilities, and if he had continued to sign the invoices bearing the exclusion clause without objection, then he had consented to the exclusion.

Therefore, the warehouse owners are entitled to payment for warehouse storage, and Samatha has lost his right to claim compensation for the damage to his warehoused goods.

Explanation:

According to the Uniform Commercial Code, a series of previous conduct between Samatha and the Warehouse owners may create a common basis for understanding and interpreting the amendment of the underlying contract.  For example, an exclusion clause can be introduced in the contract through previous dealings.

A person who knowingly causes the death of another while committing a criminal act, but who did not act under the influence of sudden passion, has committed
second degree murder.
involuntary manslaughter.
voluntary manslaughter.
first degree murder.

Answers

Answer:

I'm pretty sure its C. voluntary manslaughter

Which of the following stages in the criminal trial process winds up the trial proceedings?
opening statement
cross-examination
closing argument
direct examination

Answers

Answer:

option c

Explanation:

closing argument

Choose all the statements about the common law that are CORRECT.
Italy has a common law legal system

Common law is found in legislation

Common law applies mainly to the lower classes

Common law is a system of law that relies on precedent cases

Common law and Equity developed as separate but complementary systems of law

Common law systems are adversarial

Common law refers to judge-made law

Answers

4 is the answer of the question

Answer:

common law and equity developed as separate but complementary systems of law

If Kripto sues Attorney Porquine for breach of the Jones-Porquine contract to recover what he would have received under the will, could Attorney Porquine successfully defend himself due to Kripto not having standing to sue? Why or why not?

Answers

Answer:

Following are the solution to the given question:

Explanation:

No, Sandy Porquine cannot defend himself successfully. This is because Kripto is the designated beneficiary in the contract between Emma Jones and Sandy Porcupine. Beneficiaries intended to seek a court resolution (have a duty to prosecute) if their contract rights are violated. Sandy Porquine also couldn't apply this theory effectively, Kripto had obtained a right.

Dany is an international trader in computer. In June 2018 he wrote a proposal to his most frequent client, Alan, saying that he was offering to sell 100 motorbikes, XYZ brand, latest version for US$1000/a motorbike. The detail description of a motorbike was in the Exhibit A attached with the contract.Alan immediately responded that he accepted the proposal, but he was only willing to receive the good in a safe and sound condition. Decide what are the legal nature of Dany's proposal and Alan’s reply?

Answers

Answer:

A proposal is subject to its acceptance by an offeree. An acceptance can be of three types given as under :-

A. Conditional Acceptance.

B. Express Acceptance.

C. Implied Acceptance.

In the above mentioned offer, Allan has given a conditional acceptance to dany about his willingness to accept the order in a safe and sound condition and thereby making a counteroffer to Dany. Dany after his consent to do so can enter into a contact. This is to be called as qualified acceptance

Explanation:

A proposal is subject to its acceptance by an offeree. An acceptance can be of three types given as under :-

A. Conditional Acceptance.

B. Express Acceptance.

C. Implied Acceptance.

In the above mentioned offer, Allan has given a conditional acceptance to dany about his willingness to accept the order in a safe and sound condition and thereby making a counteroffer to Dany. Dany after his consent to do so can enter into a contact. This is to be called as qualified acceptance

How does morden small business benifit form?​

Answers

Answer Modern small businesses benefit from simplified and less expensive manufacturing processes and can grow without affecting the quality service they offer their customers.

list two items you can do to keep a DWI off your record!

Answers

AA and community service wipe or the appointment traffic school to seal your record.

A debt issued by a company as a negotiable instrument with a term of 9 months or less is a security that is exempt from registration and is called:

A. a short-swing trade.
B. short-term commercial paper.

Answers

The answer would be B

A debt issued by a company as a negotiable instrument with a term of 9 months or less is considered short-term commercial paper and is exempt from registration.

What is short-term commercial paper?

Commercial paper is a type of unsecured, short-term debt that is commonly issued by businesses to finance payrolls, payables, inventories, and other short-term liabilities.

Most commercial paper maturities range from a few weeks to months, with an average of around 30 days.

Option (a), short-swing trade is an incorrect answer because the SEC's short-swing profit rule requires corporate insiders to repay any profits generated from the acquisition and sale of company stock within a six-month period.

As a result, option (b) is the correct answer.

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Vì sao nói tác phẩm báo chí là một chỉnh thể? Nhận thức tính chỉnh thể của tác phẩm báo chí có thể giúp ích gì cho nhà báo và công chúng trong quá trình sáng tạo và tiếp nhận báo chí?

Answers

Answer:

em cũng muốn hỏi

Explanation:

ANY COLLEGE STUDENT KNOW HOW EXAMITY WORKS?

Answers

Answer:

chill with the caps and uhh no

Explanation:

Samathahas a small business selling clothes. Because his shop is too small to store all his goods so he must hire a a warehouse. Each time that he took goods to the warehouse he was asked to sign an invoice which contained an exclusion clause stating that the warehouse owners were not liable for any damage to the goods. This invoice was put into effect inSeptember 2020, whereas thecontract had been agreedon July 2020. Oneday, Samatha came to take his clothes but realised that most of them were burneddue to a fire. As a result,he requiredthe warehouse owner to compenstate him and refuesedto pay for the storage. The warehouse owners brought action against him. Do the warehouse owners haveto be responsiblefor the loss?

Answers

Answer:

No

Explanation:

He Had Signed An Invoice Which Doesn't Hold The Warehouse Owners Responsible Even If They Did It.

Ngành nghề nào nhà nước cấm đầu tư.?

Answers

Answer:

Ngành, nghề cấm kinh doanh

Các hoạt động liên quan đến mua bán mại dâm. Kinh doanh pháo nổ trừ pháo tín hiệu, pháo thỏa thuận theo quy định của cơ quan nhà nước có thẩm quyền. Mua bán người và các bộ phận của con người. Kinh doanh hoạt động văn hóa nghệ thuật xâm phạm an ninh quốc gia và đạo đức xã hội.

Which one of the following statements is NOT part of the biochemical point of view?

Answers

The biochemical point of view is include viewing a statement from the scientific view point.

What is biochemical point of view?

Biochemical view helps to view things or happening in a way to fit that help fill it into life form.

They are scientific view of a particular statement

Therefore, The biochemical point of view is include viewing a statement from the scientific

view point.

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Questioning whether an error of law was made at the trial court lever is called
a/an?

Answers

Answer:

Trevor1984. Questioning whether an error of law was made at the trial court level is called an appeal

After a robbery, what is the purpose of conducting a neighborhood canvass?
to look for hiding suspects
to identify and interview witnesses
to check for footprints or tire tracks
to find stolen items

Answers

Answer:

b

Explanation:

if it's for the entire neighborhood, it being witnesses would make sense.

i think it’s B :)
have a good day

Drivers Ed confusing question

Answers

Answer:

T intersections

Explanation:

The T intersection is representing a 3 way sTop i hope this helps.

The stiffening, or contraction, of the body after the vital functions cease is known as
cause of death.
rigor mortis.
postmortem lividity.
death.

Answers

rigor mortis i believe

Answer:

Rigor mortis- Stiffening or contraction of body muscles after vital functions cease.

Explanation:

What is the definition of rigor mortis?

Rigor mortis is a postmortem condition that causes the body muscles to stiffen due to chemical alterations in their myofibrils. Rigor mortis is used to determine the period since death and whether the body was moved after death.

Three stages of Rigor mortis-0-8 hours: Body begins to harden but is still movable. 8-12 hours: Muscles become fully stiff. 12-24 hours: Muscles stay solid and stiff. 24-36 hours: Stiffness disperses, and muscles become flexible.

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Which of the following crimes is a low-profile crime that typically involves stealing a large amount of money over a long period of time?
burglary
larceny
fraud
embezzlement

Answers

Answer:

the answer is embezzlement

Answer:

Embezzlement
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Nu mnh ph nh ca mnh sau v xt tnh ng sai ca mnh ph nh: xR:x^{2} 1 Determine if \sqrt{36} 36 is rational or irrational and give a reason for your answer. 1. A researcher is investigating the effects of exercise on weight. What are the independent and dependent variables in this experiment?A)The dependent variable is the amount of exercise; the independent variable is the number of calories consumed.B)The dependent variable is weight; the independent variable is exercise.C)The independent variable is weight; the dependent variable is the number of calories consumed.D)The independent variable is the number of calories consumed; the dependent variable is diet. Which number best represents the slope of the graphed line?A. -5B. -1/5C. 1/5D. 5 how many square metres of floor are there in a room of 6 metres ig something like that Y and x have a proportional relationship, and y=4 when x=12 Which path describes the movement of oxygenated blood leaving the heart ? Use the standard image of the heart to guide you. Gii pt: 1 + 2sinxcosx = sinx + 2cosx The Ramirez family and the Stewart family each used their sprinklers last summer. The water output rate for the Ramirez family's sprinkler was 40 L per hour.The water output rate for the Stewart family's sprinkler was 15 L per hour. The families used their sprinklers for a combined total of 55 hours, resulting in a totalwater output of 1575 L. How long was each sprinkler used? Venita is factoring the expression 32 a b minus 8 b. She determines the GCF and writes the factored expression as 8 b (4 a minus 0). Which best describes Venitas error? Instructions: State what additional information is required in orderto know that the triangles in the image below are congruent for thereason givenReasory. ASA Postulate Which of the following statements is true about interacting with people from different cultures? O a) Most people within a culture think and act the same. O b) It's important to treat people from different cultures as individuals. Oc) Some cultures are better than other cultures. Generalizations and stereotypes don't impact people's perceptions of cultures. What type of Syntax does Wordsworth use in every stanza and how does it affect the rhythm and mood in every stanza?I wandered lonely as a cloud That floats on high o'er vales and hills, When all at once I saw a crowd, A host, of golden daffodils; Beside the lake, beneath the trees, Fluttering and dancing in the breeze.Continuous as the stars that shine And twinkle on the milky way, They stretched in never-ending line Along the margin of a bay: Ten thousand saw I at a glance, Tossing their heads in a sprightly dance.The waves beside them danced; but they Out-did the sparkling waves in glee: A poet could not but be gay, In such a jocund company: I gazedand gazedbut little thought What wealth the show to me had brought:For oft, when on my couch I lie In vacant or in pensive mood, They flash upon that inward eye Which is the bliss of solitude; And then my heart with pleasure fills, And dances with the daffodils. What is the domain of f(x)=square root of 9-14x In the parallelogram below,z = [ ? ]1242z+16Helpp! The WBS is best suited for design and construction projects that have tangible outcomes. When the final outcome of the project is less tangible or it is the result of a series of steps or phases, some project managers choose to utilize a(n) ___________. Multiple Choice Responsibility Matrix (RM) Organization Breakdown Structure (OBS) Work Breakdown Structure (WBS) Modified Process Breakdown Structure (PBS) Project Priority Matrix (PPM) The elementary reaction 2H2O(g)2H2(g)+O2(g) proceeds at a certain temperature until the partial pressures of H2O, H2, and O2 reach 0.0900 bar , 0.00100 bar , and 0.00350 bar respectively. What is the value of the equilibrium constant at this temperature? I'm so sorry I know this is long but can someone please help me with this?I would be forever gratefulJohn is a 35-year-old male (he/him) administrative assistant who enjoys playing baseball on weekends. During one of their games, John began running from first to second base. As he pushed off to start running, John heard a pop and felt a sharp pain in his right calf as though he had just been kicked in the back of his leg. John fell to the ground and experienced significant pain when putting weight on his right leg. John tried to walk but had to be carried off the field and was taken to the emergency department. At the hospital, it was noted that John had significant swelling at the back of his right leg, had a palpable and visible deformity in the distal calf, and was only able to put small amounts of weight on his right leg. The emergency doctor squeezed the back of Johns right calf and noticed that the ankle would not plantarflex. An x-ray and blood work were ordered which came back without any significant findings.Case Study Questions:1. Explain the possible anatomical structures that were affected by the injury and how each relates to Johns presenting symptoms and test results2. Identify and explain three differential diagnoses (diseases or conditions that present similar signs and symptoms that could possibly account for the patient's symptoms) with appropriate justifications. After describing your three differential diagnoses, indicate the most likely diagnosis based on your analysis and provide rationale and support for your selection. 3. From an anatomy point of view:a) Propose a management plan for the most likely diagnosis. This should include the treatment options you would implement given your patient's presenting symptoms. You should provide short- and long-term goals for the patient and a timeline on when you would implement each treatment. There may be several possible treatments you could prescribe to your patient. Include support, justification, and evidence for your prescribed treatment(s) and management plan. b) Explain the effects of your management plan for your patient's condition. From the management plan you've proposed, what effects will each treatment have on the patient's anatomy? Include any positive and negative effects this plan may have on the patient. In 2003, the fraudulent accounting practices at ____________, a Houston-based energy company, was the largest of several business scandals of the early 21st century, in which corporate executives inflated company revenues for self-gain and ultimately created widespread distrust of corporate culture, costing investors billions of dollars as well as employees their pensions. This one is really confusing me