Non Case Study Example | Topics and Well Written Essays - 1000 words

Non - Case Study Example Mary and Sally fulfilled the terms laid out on the contract with regards to the payment of purchase price clause. The Purchaser was to pay monthly installments on the first day of every month. Up to the point of Mary contacting the Seller on the need to terminate the contract, the Purchaser had made all payments as laid out up to that point. The purchaser has fulfilled all her contract negotiations. John, the Seller, violated the building code of the city. Sally fell down the stairs to the basement and the lack of the railings might have aggravated the situation. John had a duty to comply with the terms laid out on the building code and failure to do this is a tort which the specific element being failure to practice a duty (Schlanger& Spaulding, 1). John, being the seller in the contract also breached the terms of the contract which is also a tort (Schlanger& Spaulding, 1). The contract specifically mentioned that the Purchaser can terminate the contract during the first five years if no longer able to live due to a need to move to a nursing home. Sally is a Purchaser and she has a need to move to a nursing home. Mary notified John the need and even offered the doctor’s letter as proof. John forcing Mary to pay for an extra month was wrong. Mary is therefore in a position to take John to court on accounts of breach of contract and on negligence of duty (Schlanger& Spaul ding, 1). The only additional information required would be the contract the Seller and the Purchaser signed did not clearly indicate the period which the Purchaser need to give the notice to the Seller with regards to the termination. This is a crucial piece of information that is missing. On signing the M & S contract, John as the Seller and Mary and Sally as the Purchasers agreed to the terms set out on the contract. John needs to understand that the terms on the contract are binding. Mary is acting within her rights by notifying John on her need