scenario

Instructions

Please read the below scenario and then answer the questions that follow:Southwestern Massachusetts State (SMS) decided in 2018 to have its football team play against high caliber opponents to increase its national recognition.  SMS contacted Tennessee to set up a football game.  SMS offered to pay Tennessee $50,000 if Tennessee would come to SMS for a football game in the fall of 2019.  Tennessee agreed to SMS offer.  The night before Tennessee was supposed to leave for SMS, Tennessees Athletic Director contacted SMS Athletic Director to tell her that Tennessee would not actually make the trip to play against SMS football team.  The Tennessee Athletic Director explained that Tennessee was actually going to play Florida State instead.  SMS expected to get $100,000 in revenue from the game itself.  In light of the fact that FOX was going to nationally televise the game, SMS spent $200,000 on commercials promoting SMS as an academic institution.  SMS would not normally spend money on commercials, but it felt that the national exposure would bring students to SMS from all over the country. A. List, define and explain the five essential elements in the formation of a contract. Be sure to use the facts as presented in the case.B. What are the possible remedies for breach of contract?  Discuss and explain all remedies. C. Must this contract be in writing?  Explain why or why not.D. Assume now that the reason Tennessee could not come to SMS to play the football game was that Tennessee eliminated its football program after incurring numerous NCAA violations.  What defense may Tennessee raise against a breach of contract claim?  Explain.

Answer

Southwestern Massachusetts StateA contract is a binding promise or agreement between two or parties. One element of a contract is offer and acceptance where one party offers to another and then it's accepted. Intention to create a legal bindings agreement is another essential element of a contract (Peel & Treitel, 2017). Southwestern Massachusetts State (SMS) and the Tennessee created a contract once they agreed and each party had its obligation to fulfill and hence it was legally binding. Consensus ad idem is another essential element that calls for both parties to understand the terms and intentions of the other. In this case, SMS made her terms clear to the Tennessee and hence creating a binding agreement. Consideration is another element in contract and it requires a party to state...
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