Contract used for remedies

High School ・Business ・APA ・3 Sources

In the scenario, there lack identifiable contract solutions that can address the problems arising between the parties that are knowledgeable of the contract. There is just a simple issue which has developed between the developer and Gump. Gump is in charge of the game, and he is familiar with what it should be done and knows that if the controversy is not settled, his achievement will be affected negatively therefore he might be unable to sell the game successfully. From the development of events, it evident that the priblem between Gump and the developer will affect on the game; however, the former is ready to perform his contractual duties as long as the issue is ironed out. The point where the court is likely to come in is through the failure of meeting timelines as it is likely to affect profit levels (Cohen, 2012).
Alabama Sports Marketing as an organization is supposed to work on solving the difference between Gump and the game developer. Such an effort will ensure that game development progresses on through cordial cooperation between the two (Cohen, 2012). Both Gump and the developer should solve their problems at a personal level to make sure that the process of development consumes the shortest period possible. Initially, there lacked a prior agreement regarding the actions to be taken in case of such a problem materializing. In this sense, these two persons should involve the hiring company to solve their disputes to see that the progress of the project goes on smoothly after establishing a long-lasting solution. Contract remedies could be available if Gump refused to execute his duties in totality and unconditionally (Cohen, 2012).

Question Two

The court can establish whether the liquidated damages clause is valid through looking into the conditions that were offered at the time of forming the contract. Also, the jury will consider what is required of the two parties in the rules that were developed when engaging in the contract. The court will determine if the contract is valid and this can be done through determining whether all the conditions of forming an enforceable covenant were met (Hunter, 2017). The contract is supposed to have been constituted by an agreement reached between Alabama Sports and Gump. From the scenario, it is clear that there was a valid covenant between the two parties, characterized by figures, terms, and conditions. The contract should have the element of voluntary engagement between the parties with the legality of consideration so that the jury can establish whether the liquidated damages are valid (McAdams, Neslund & Dosanjh Zucker, 2012).
The presence of a signature showing that there was an agreement reached between the parties could make the court render this association as a valid contract with a basis on which to make a decision. The contract will be rendered valid since the two parties had come to an agreement by reaching a consensus on terms of payment and because all the rules of forming a legal and enforceable agreement were followed (McAdams, Neslund & Dosanjh Zucker, 2012). Both parties adopted a similar stand; if Gump performs his marketing duties, he is supposed to be assured of getting his remuneration. If he is not up to his contractual duties, the company will incur losses in the development and sales processes and hence he should compensate the firm for the deliberately failing to execute his contractual duties.


Cohen, G. M. (2012). The financial crisis and the forgotten law of contracts. Tul. L. Rev., 87, 1.
Hunter, H. (2017). Modern Law of Contracts.
McAdams, T., Neslund, N., & Dosanjh Zucker, K. (2012). Law, business, and society. McGraw Hill.

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