vagueness and ambiguity

Discussion 1

 

In this week’s reading, Beatty compares and contrasts vagueness and ambiguity in written contracts. These problems are similar to some prior contract law material we have covered. For this discussion, respond to the following:

· What does it mean for a contract to be vague or ambiguous? What are the risks of vagueness or ambiguity?

· Why aren’t contracts clearer?

· What is your perspective on contract litigation? Is so much litigation over contracts necessarily a bad thing?

· Are all contracts required to be written to be enforceable? Why or why not? Should verbal contracts be enforceable at all?

 

 

Discussion 2

 

A maxim of law is that there is no right without a remedy. Your readings this week discuss remedies for breach of contract. Choose one of the equitable remedies from your book, and research a case online that discusses that remedy. You may research the case itself, or a news story about the case. Post your source at the end of your discussion. Discuss how the court or reporter defined the remedy sought and the elements for proving that remedy.