Grocery, Inc. contracted Masterpiece Construction to make renovations to their store on Main Street in My Town. Due to an increase in new contracts Masterpiece Construction sub-contracted the entire job to Build Them To Fall because Masterpiece Construction was unable to complete the renovations within the six-month time limit. Masterpiece Construction did not notify Grocery, Inc. of the sub-contract. During renovations Grocery, Inc. became unaware of sub-contract due to the poor quality and substandard work by Build Them To Fall. Grocery, Inc. petitioned the court for an injunction and then sued Masterpiece Construction for breach of contract and specific performance. Masterpiece Construction argued that it had the right to delegate the duties of the contract or as an alternative discharge the contract due to commercial impracticability. The issue is did Masterpiece Construction have the right to delegate the duties of the contract and is Masterpiece Construction liable for Build Them To Fall’s workmanship.
“An injunction is a court order that prohibits someone from performing a certain act. The requesting party must show that he will suffer irreparable damage or injury if the injunction is not issued,” (Cheeseman, 2007, ch. 12, p. 240). Specific performance is a remedy awarded by the court that orders the breaching party to perform or fulfill its promise in the contract. The courts award this remedy at their discretion if the object of the contract is unique. Real property, art, antiques, items of sentimental value, rare coins, stamps, and heirlooms are considered unique because money cannot replace their value to the plaintiff. Commercial Impracticability is an excuse, not recognized by all states, awarded by the court for nonperformance of a contract if an unforeseeable event makes it impractical to perform.
A contract is an agreement between two or more parties where...