Discussion Post #1:
Jacobs Builders entered into a contract with Kent to build him a home. The
agreement stated that Jacobs would use only certain name-brand materials. Upon
completion of the home, Kent discovered that Jacobs had installed high quality, but
not brand name, pipes throughout the house. This was an oversight, which even the
architect failed to catch. Kent asked Jacobs to replace all the pipes, but this meant
destroying substantial parts of the completed house.
In a discussion post answer the questions:
- Should Kent have to rebuild the house to get paid?
- Did Kent perform the contract?
Course Objective: Discuss the duty to mitigate damages in contracts.
DISCUSSION POST #2: Draft a clause limiting damages in
your BUSINESS CONTRACT, including the issue of requiring
or not requiring mitigation of damages.