A rock band was about to begin a grueling four-month world tour. The band's manager telephoned a massage therapist and said that he would like to reward the band for all their hard work on the tour by booking massages for all of the band members immediately after the last show in the tour. The therapist agreed to perform the massages at a deeply discounted rate because she secretly was a devoted fan of the band and excited to have the opportunity to meet the band members. Just before the first scheduled performance, the band's singer developed a rare throat infection, and as a result, the band had to cancel the tour at great expense. The manager notified the massage therapist that her services would not be needed. The therapist objected and demanded that the manager arrange for her to perform the massages for the band at a different time.

a. Is there a contract?
b. Was it breached?

Answers

Answer 1

Answer:

a. There is a contract between the band manager and the massage thereapist because the elements of a contract (mutual assent, expressed by a valid offer and acceptance; adequate consideration; capacity; and legality) are fully satisfied.  However, it is a conditional contract.  The condition for executing the contract was missing as a result of the occurrence of the unforeseen event.

b. The contract was not breached.  It was frustrated because an unforeseen event occurred and prevented the contract from being performed as agreed.  The band manager can still rearrange the massages to be performed at a different time.

Explanation:

Though the massage therapist heavily discounted the rate of the massages, there is still adequate consideration because she was using the opportunity to satisfy her excitement to meet the band members while at the same time collecting some fees for her work.  A contract may be frustrated with the occurrence of an unforeseen event after the contract is entered, especially when the event is not within the control of the parties as in this case.


Related Questions

2. What weakness and what strength is coronavirus exposing our society ?

Answers

The weakness is that a lot of people are dying but I feel like the wake up call is that this ain’t no joke and we need to stay inside imagine if a zombie apocalypse happens this is an example of how people would act sad but true
coronavirus is exposing how some people are less trusting of health guidelines, and how far some people will take free rights, even if it will hurt our country. it’s exposing that we are prepared for these types of situations, and that we need to work on not being divided. the strengths it’s exposing are how helpful people can be towards each other, and how while we are somewhat divided,

Select the correct answer.
Who can propose an amendment to the Constitution?
A a simple majority of Congress
B. the president
с.
the Supreme Court
D.
a two-thirds majority of Congress

Answers

The answer should be d

Answer:

d

Explanation:

a two-thirds majority of Congress

jails never hold more than 1,000 prisoners

true or false

Answers

Answer:

False

Explanation:

The United States has the highest incarceration rate in the world. This is despite the national incarceration rate being at its lowest in 20 years. About 25% of the world’s total prison population is in the United States, which holds about 2.19 million prisoners as of 2019 (1.38 million in federal and state prisons, 745,200 in jails).

It false, i got the unit 8 for this question and it false

Explanation:

How far should you stop from The nearest railroad crossing if a flagger is warning of a upcoming train

Answers

15-50 feet from the track of the railroad

Define the term gender imbalance and state two negative effects that this may have in the workplace?

Answers

Answer:

Gender inequality is the social process by which men and women are not treated equally.

..

..

Gender discrimination has a significant impact on mental and physical health worldwide. It can limit peoples' access to healthcare, increase rates of ill health, and lower life expectancy. While it is true that women live longer than men on average, they experience higher rates of ill health during their lifetimes.

The Victorian legislation which provides guidelines for solicitors to disclose information about costs.

Answers

Answer:

costs disclosure

Explanation:

The Victorian legislation provides guidelines for legal fee disclosures by solicitors to their clients. The legislation requires that solicitors must disclose legal costs in a cost disclosure statement as soon as they engage a client. This prevents the penalties or invalidity of a legal claim to costs. Exceptions may however apply where legal costs do not exceed $750 or client is government or commercial entity.

Which is characteristic of an exit wound?
Minimal bleeding typically appears.
It is typically a large wound.
Gunpowder grains are often found around it.
It often has a smooth appearance.

Answers

Gunpowder grains are often found around it

mọi quy tắc xử sự tồn tại tròn xã hội có nhà nước đều là pháp luật đúng hay sai? Giải thích

Answers

Answer:

Sai lầm

Explanation:

Mọi quy tắc xử sự tồn tại trong xã hội có nhà nước đều là pháp luật.

Sai. Các quan hệ xã hội của chúng ta được điều chỉnh bơi các quy phạm đao đức và các quy phạm pháp luật, mà các quy phạm đạo đức thì có thể đượec thể chế hóa và đưa lên thành các quy phạm pháp luật nhưng không phải quy phạm đạo đức nào cũng được dưa lên thành luật cả. Tồn tại xã hội quyết định ý thức xã hội cho nên các quy tắc ứng xử đựoc coi là các chuẩn mực đạo đứa đó đó không nhất thiết phải được xem là pháp luật mà nó song song tồn tại trong xã hội

what is the role of police in protecting human right

Answers

Answer:

The police should protect the people without any discrimination as the law is equal for all.

The police must respect human dignity, uphold and protect human rights.

The police should ensure that the person detained should have access to their family and legal representative or any medical help

Explanation:

What is the first step when investigating an arson?
Photograph the scene of the fire.
Question witnesses who observed the fire burning.
Identify the "plant"—the material used to set the fire.
Identify the point of origin of the fire.

Answers

Answer:

identify the plant - the material that used to set the fire

Qualifications for Jury Service

• Never have been convicted of a felony

• Not be currently on active duty in the military

• Not be already serving on another jury

• Be able to read and write in English

. ?

Which other qualification must a citizen meet before he or she can serve on a

jury?

A. Be at least 18 years old

B. Have completed military service

C. Not be enrolled in college

Answers

There are several qualifications for a citizen to be able to serve in a jury and one of them is that they should A. Be at least 18 years old.

What are the requirements to serve on a jury?

Only people who are aged 18 and above can serve in a jury because they are considered to be more mentally mature.

The person also has to be able to read and write in English and should have a clean record.

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Find out more on jury duty at https://brainly.com/question/5137364.

A. Be at least 18 years old

Ngành nghề nào nhà nước cấm đầu tư.?

Answers

Answer:

Ngành, nghề cấm kinh doanh

Các hoạt động liên quan đến mua bán mại dâm. Kinh doanh pháo nổ trừ pháo tín hiệu, pháo thỏa thuận theo quy định của cơ quan nhà nước có thẩm quyền. Mua bán người và các bộ phận của con người. Kinh doanh hoạt động văn hóa nghệ thuật xâm phạm an ninh quốc gia và đạo đức xã hội.

what has 4 eyes but cant see?​

Answers

Answer:

MISSISSIPPI

Explanation:

mark me brilliant

Mississippi. It has 4 eyes but can’t see

Capacity and authority are two important concepts with regards to the normal day to day functioning of a company. With the aid of authoritative text, critically discuss the form and substance of these concepts.

Answers

Capacity occurs in the form of abilities whereas authority occurs in the form of  power.

Capacity refers to the ability of a person to use the given information for making a decision. A person that lacks capacity it means that its mind is impaired and he is unable to make a decision at that time while on the other hand, authority is the legitimate power that a person or a group of persons possess and use it over other people. In capacity, the person has something in the form of abilities whereas in authority, the person has something in the form of power which they used to implement its decision over other people.

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a learning style through which a skill is acquired when a student learns through experience is called​

Answers

The answer is experimental learning

Ms. Y went to Alluta Hotel together with her friends for the celebration of her birthday. At the close of the event her friends could not find some of their items and some complained of stomach upset from the food and beverage served. Given their social media presence, Ms. Y and her friends posted their complaints online. Discuss the legal issues arising from this situation.

Answers

Answer:

may be that ms.y and her friend is just spreading rumor about that hotel .. maybe she already had some issues with the people there ..and they were just doing it as a revenge ... it doesn't makes sense when we think no one complain except both of them

QUESTION 18
Indicate the correct statement:
(1) An ex parte application is the motion application used when there is no dispute of facts
(2) Action proceedings is another type of motion application and the procedure is started by a
notice of motion
(3) In criminal cases a procedure is started with action proceedings
(4) The parties in a criminal case are the prosecutor and the defendant

Answers

Answer:

2 or 4 is correct

Explanation:

step by step explanation

The correct statement in the given question is (4) statement.

Statement (1) - Ex Parte Application

Ex parte application is used in civil procedure and is used to refer to motions for orders that can be granted without waiting for the response from the other side.

These orders are only in place until further hearing can be held such as temporary restraining order .

Under U.S.A law , court are hesitant to make ex parte motion because according to 5th amendment and 14th amendment, there is a guarantee of right to due process and ex parte leads to the violation of excluded party's right to due process.

Statement (2)- Action Proceedings

Action Proceedings refers to a judicial proceedings where a party brings a civil or criminal case against another party, an action has been brought against the other party.

It is not a type of motion application and is used in cases such as:

- presence of material disputes in facts

- it is instituted by summons

- evidence to be relied upon in supporting the claim and is not disclosed in the statement

- exchange of pleadings are involved

-evidence in the form of testimonies and documentary is given to prove the claims

- more expensive and time consuming

Statement (3)- Arrest

In criminal cases a procedure is started with Arrest.

An arrest is made with an arrest warrant and may be made with or without warrant if probable cause and exigent circumstances are presented at the time of Arrest.

The right to make warrantless arrests are commonly defined and limited by statutes subject to due process guaranteed by U.S.A Constitution.

Statement (4)- Prosecutor and Defendant

These both terms are related strictly to Criminal Law.

Prosecutor- Legal representative of the prosecution in the states with the criminal law system. The prosecution is the legal party responsible for presenting the case in a criminal trial against an individual accused of breaking the law.

A lawyer who initiates prosecution of criminal offences and present s the case for prosecution in a criminal proceedings

Defendant- Defendant is a person who is the party either accused of committing a crime or criminal prosecution

Thus the parties in criminal case are the prosecutor and the defendant.

To learn more about Prosecution and Defendant here

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In determining whether a witness is credible, an investigator should (check all that apply):

A. observe the witness's demeanor while speaking

B. refrain from reaching conclusions about a witness's veracity

C. consider the witness's bias and motive to testify

D. consider whether the individual has the ability to make an effective witness

Answers

I’m pretty sure the answer is C and D.

A and B you would not take into account while determining by if credible.

C and D are 2 very important things to take into account.

True or False.
Section 1981 provides similar relief to an aggrieved employee as Title VII.

Answers

In that section in 1981 the answer is true

vì sao quy chế pháp lý hành chính của người nước ngoài ở Việt Nam hạn chế hơn so với công dân Việt Nam

Answers

Answer:

I'm sorry I don't know about this

vận dụng cặp phạm trù nguyên nhân và kết quả trong giả quyết tai nạn giao thông

Answers

Answer:

srryy i have know Idea im here for points

Asking yourself whether your mind is currently occupied by things that can take your concentration off the road is something you should do ______.

Answers

iebwbehwhjwjshehhee wuwiuehe.hwjwje ...

get your mind to think about other things so your concentrated

What is Legal Process of Khula in Pakistan

Answers

Answer:

To apply for Khula the wife would need to file a suit for Khula in the Family Court under the West Pakistan Family Courts Ordinance, on the grounds that she feels she can no long live with her husband “within the limits prescribed by Allah' and such a statement on oath made in her suit would be sufficient to establish ...is needed

Explanation:

if my answer helps you than mark me as brainliest

Protecting the crime scene helps in identifying
the suspect.
a wrongful death.
the cause of death.
the victim.

Answers

- the cause of death

By surveying the crime scene (that is intact), investigators are able to determine if the cause of death was due to the environment/surroundings.

Under the Texas penal code one definition of “intoxicated” involves not having the normal use of ones mental or physical abilities as a result of consuming ?

Answers

Answer:

Alcohol

Explanation:

taking alcohol makes some changes in ones behavior

A plaintiff sues her employer for sexual harassment. During the trial, the plaintiff attempts to introduce into evidence company records that include written complaints from other employees alleging that they too were sexually harassed by the employer. The defense objects to the admission of the records on the basis of hearsay. Should the objection be sustained?

Answers

Answer:

no

Explanation:

The evidence is most likely valid and can be useful so the judge shouldn't Sustain it.

No, Hearsay rule is the rule prohibiting hearsay (out of court statements offered as proof of that statement) from being admitted as evidence because of the inability of the other party to cross-examine the maker of the statement.

What is considered hearsay evidence?

Hearsay evidence is evidence of a statement that was made other than by a witness while testifying at the hearing and that is offered to prove the truth of the matter stated.

Why hearsay is admissible?

The hearsay rule does not exclude the evidence if it is an operative fact. Language of commercial offer and acceptance is also admissible over a hearsay exception because the statements have independent legal significance. Double hearsay is a hearsay statement that contains another hearsay statement itself.

To learn more about Hearsay rule, refer

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You must submit a report to the DMV within 15 days of a traffic accident on a Traffic accident report form. True or false?

Answers

Answer:

False

Explanation:

Quizlet - Unit 6 Lesson 3: Procedures When Involved In An Accident

First question.

3. Tòa án hoãn phiên họp sơ thẩm khi:
A. Người yêu cầu vắng mặt lần thứ nhất không có đơn xin xét xử vắng mặt
B. Người yêu cầu đã được triệu tập hợp lệ lần thứ hai mà vẫn vắng mặt
C. Kiểm sát viên vắng mặt
D. Người yêu cầu vắng mặt lần thứ nhất có đơn xin xét xử vắng mặt

Answers

Answer:

D. Người yêu cầu vắng mặt lần thứ nhất có đơn xin xét xử vắng mặt

Explanation:

4. Why is vaping so dangerous to your health?
Please help I need this answer I know it’s not hard but I need to write a sassy about this

Answers

Answer:

El vapeo encharca los pulmones

Por lo que personas sensibles, como los asmáticos, podrían empeorar su situación y tener una crisis. Por otro lado, se puede tener un problema cardiovascular por inhalación masiva de nicotina y se puede producir un edema pulmonar cardiogénico (Epnc)

Explanation:

Chủ thể nào bắt buộc là cá nhân đủ điều kiện theo quy định pháp luật:
a. Cổ đông sáng lập công ty cổ phần c. Thành viên hợp danh
b. Thành viên của công ty hợp danh d. Thành viên công ty TNHH

Answers

Answer:

What's this bro

Explanation:

kichdi aaaaaaa

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my science teacher said the moon is smaller than the earth change to indirect or reported speech plz help me this will be appreciated A critical summary about music for my mother Area of a circle whose circumference is 100ft A person standing on a moving walkway travels 75 feet in 25 seconds. What equation represents this relationship? How many feet will the person travel in 10 seconds? Combine these radicals.Anyone can help pls Tables should be used when (a) the reader need not refer to specific numerical values. (b) the reader need not make precise comparisons between different values and not just relative comparisons. (c) the values being displayed have different units or very different magnitudes. (d) the reader need not differentiate the columns and rows. Why did he enjoy the wagon ride with his uncle so much? DOG ~?Complete the similarity statement and select the theorem that justifies your answer.**If they are not similar, select "none" for both parts A juice machine is set to dispense 16 ounces of juice. The amount of juicedispensed is normally distributed, with a mean of 16.15 ounces and astandard deviation of 0.25 ounces. In which range will the amount of juicedispensed be found 68% of the time? 17Ax+2y=128x +32 y=144For what value of A will the system of equations abovehave no solutions? Answer with the explanation step by step Not sure how to do this . A ball of mass 0.50 kg is rolling across a table top with a speed of 5.0 m/s. When the ball reaches the edge of the table, it rolls down an incline onto the floor 1.0 meter below (without bouncing). What is the speed of the ball when it reaches the floor? Mateo, tienes el carro de tu to. Vas a ________ el carro a tu to? l necesita el carro para ir a La Paz el viernes. 4 Rearrange these words in alphabetical order. birthday wakes early gifts downstairs books sweater puppy lost found X dolla best happy ir teacher the job transfer rna is to bring specific amino acids to be added to the peptide chain during protein synthesis which takes palce in theA. Nucleus B. Ribosome C. Mitochondria D. Golgi apparatus Twelve residents from the city of Rocklin were randomly selected and asked "How many TVs are in your household?". The following data were obtained: 2, 3, 3, 1, 2, 5, 3, 4, 1, 2, 4, and 3.According to Nielsen Media Research the national average is 2.7 TVs per household. Is this sufficient sample evidence to indicate that the mean number of TVs in Rocklin households is higher than the reported national average of 2.7 TVs per household? Use ! = 5% and assume that the number of TVs in Rocklin households is normally distributed. Solve for x. The triangles are similar.A. 5B. 10C. 4D. 8 What kind of substances are called drugs