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Contract Law Quiz 5
- Course
- PRL 174
- Institution
- Des Moines Area Community College
These are the questions and answers to quiz 5 in Contract Law.
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Rachel DebnerACCESS AND READ THE RELEVANT PARTS OF THE FOLLOWING SOURCES OF
IOWA LAW.
1. Go to Iowa Mortg. Ctr., L.L.C. v. Baccam, 841 N.W.2d 107 (Iowa 2013). Iowa
Mortgage Ctr., LLC v. Baccam :: 2013 :: Iowa Supreme Court Decisions :: Iowa
Case Law :: Iowa Law :: US Law :: Justia To prove a breach of contract claim, a
party must show what five elements?
To prove a breach of contract claim a party must show an existence of a
contract, the terms of a contract, performance by the plaintiff, and that the
defendant failed to perform their obligations to the contract. It must also be
shown that the plaintiff suffered damages as a result of the breach of
contract.
2. Go to Cooley Plumbing, LLC v. Melcher, 2021 WL 4592247 (Iowa Ct. App.
2021)
https://www.iowacourts.gov/courtcases/13216/embed/CourtAppealsOpinion
This case dealt with performance by a builder (contractor). See the section of
the decision referring to the contract’s analysis and describe what
constitutes substantial performance in a construction case:
Substantial performance in a construction case means that the work has
been performed to a degree that any defects are minor and can be corrected
easily. These minor defects should not impact the overall function of the
structure.
3. In the case where a contractor substantially performs under a contract,
what is the
contractor “entitled” to receive (in damages)?
When a contractor substantially performs under a contract the damages
would consist of the contract price minus the cost of remedying any minor
defects or incomplete work.
4. Remember an implied condition in any building contract is that the
contractor must comply with state and local construction requirements. Go
to Iowa Administrative Code
(IAC) and specifically 567 IAC 69 (meaning chapter 69).
Document: (iowa.gov)
Briefly state what the Department of Natural Resources (DNR) regulates
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