Opening Statement
Good afternoon your honor, my name is Mark White, and I represent Paramount Pictures in its case vs Bill Builder’s LLC. The legal argument is on breach of contract by the defendant (accused) with an excuse that seems impractical to the accuser. This is not a constitutional case since it does not involve or deal with state-federal relations, state-state relations, or individual rights concerning the federal and state governments.
Arguments
Although Paramount Pictures is guilty of the action, it has given a reason whereby its argument relies upon. The excuse is that it had substantial performance and was obliged by the contract agreement to warrant payments that were never materialised. This is a form of anticipatory breach of contract because both parties had the legal agreement to perform strict performance as stated on specific contract dates with reasonable terms.
Counterargument
However, failure by the defendant to honour the obligation led to the frustration of purpose (Crespi7). The contract’s objectives were never achieved, leading to legal action against Paramount Pictures. Therefore, there is a breach of contract in this context with no performance done. The accused has a legal case to answer regarding the unachieved goals. Yes, there was a breach of contract in the case, and yet again, there is an excuse that does not hold.
Closing Statement
For the reasons mentioned above, Bill’s Builders, LLC has to compensate Paramount Pictures for all the losses, damages, and shame of the company’s image caused by the negligence and pretentious actions of the accused. Plaintiff, therefore, has the right to be compensated because the defendant failed to honour the contract. Plaintiff (Paramount Pictures)has to issue a condition to the defendant on how the transaction is done, and given that time is of the essence, this action needs to be attained within the shortest grace period. However, the compensation has to be fair and agreed upon by all the involved parties.
Work Cited
Crespi, Gregory S. “Multiple Contracts or One Contract? The ‘Reverse Divisibility’and ‘Subsequent Modification’Arguments for Expanding the Scope of Justified Non-Performance After Breach.” The ‘Reverse Divisibility’and ‘Subsequent Modification’Arguments for Expanding the Scope of Justified Non-Performance After Breach (2019). SMU Dedman School of Law Legal Studies Research Paper 457 (2019).