1. After one week on the worksite, Ishmael finds that he is devoting more time to Export than he initially believed was necessary, so he attempts to convince Export to pay him $6,000 per month for his consulting services. Export does not agree to any change, so Ishmael begins to cut down his hours so that he is spending only 80 percent of his professional time at Export. If Export sues Ishmael for breach of contract, are there any circumstances under which Ishmael may use the doctrine of substantial performance to complete his performance obligation? Why or why not
2. Two months after the Ishmael-Export contract, Export loses a large client. The company sends Ishmael a letter explaining that the financial emergency has caused it to consider rescinding Ishmael’s contract under the theory that Export is discharged from the remaining months of the contract based on the doctrine of impracticability. Will a court support Export’s theory?
3. In Question 2, if a manager from Export notifies Ishmael on March 1 that the company does not intend to pay him for the month of March, must Ishmael wait to sue Export until the date performance is actually due (recall that he is paid his fee on the last day of each month)? What doctrine may help Ishmael recover compensation without incurring further damages by waiting until performance is due?
4. What type of remedies would be most appropriate for Ishmael if a court were to find that Export breached the contract as described in Question 2? Would specific performance be appropriate? Why or why not?
5. Suppose that Ishmael meets with another potential client and the needs of the client are such that Ishmael’s immediate services are required and he can-not complete the work for Export. Because there is no anti assignment clause in the contract, he assigns the contract to his brother, who is also familiar with importing logistics. Export objects. Must Ishmael perform, or must Export accept Ishmael’s brother in his place? What legal doctrines apply?
After a 30-year career as a shipping logistics executive, Ishmael retired and began to offer his services as a logistics consultant. Ishmael entered into a consulting contract with the general manager at Export Co to provide logistical advice to the company for 12 months. The parties agreed in the contract that Export will pay Ishmael $5,000 per month on the last day of each month. Ishmael promised to devote “100 percent of his professional time” to Export for a period of at least eight consecutive weeks.
