Rachel Debner
Read the Iowa Court of Appeals decision in Bertram v. Harberts, No. 16-0919
(Iowa Ct. App. 2017). Notwithstanding the Restatement Second of Contracts,
§243, the court refers to a material breach which you should presume to
mean a total breach. Answer the following questions using complete
sentences. Explain all answers in your own words. A yes or no answer alone
will not be counted.
https://www.iowacourts.gov/static/media/documents/160919_529D0B0E89DF
4.pdf
Introduction
1. a. QUESTION 1. Who is the buyer (plaintiff’s last name) in this case and
what is his occupation?
In this case, the buyer (plaintiff) is Bertram. His occupation is a farmer.
b. QUESTION 2. Who is the seller (defendant’s last name) in this case and
what is his occupation?
The seller (defendant) is Harberts. His occupation is a contractor.
c. QUESTION 3. What was the subject (purpose) of the contract?
The subject and purpose of this contract is the installation of overhead doors
and equipment.
Facts in the Case
2. QUESTION. 4. Who was initially responsible for the overhead doors
and equipment?
Initially, Harberts, the seller, had the responsibility of the overhead doors and
equipment.
Calculating Expenses and Damages
3. a. QUESTION 5. Fill out the following information designated by “?” If it
helps you can substitute * with the appropriate mathematical sign (+, -, or
=)
, ORIGINAL CONTRACT AMOUNT
IF THE CONTRACT HAD BEEN FULLY PERFORMED
Do Not Consider Later Issues Covered in QUESTION 6
(Associated with Prepayment Amounts, or Amounts Arising Out of
Replacement of the Roof, Replacement of Gutters, Repairs to the Installation
of Side Paneling, or Extras)
Amounts Required to be Paid, Paid, and Remaining to be PaidPayment
Schedule Percent
of Total Amount Required to be Paid
Amount Paid Amount Remaining to be Paid
Read the Iowa Court of Appeals decision in Bertram v. Harberts, No. 16-0919
(Iowa Ct. App. 2017). Notwithstanding the Restatement Second of Contracts,
§243, the court refers to a material breach which you should presume to
mean a total breach. Answer the following questions using complete
sentences. Explain all answers in your own words. A yes or no answer alone
will not be counted.
https://www.iowacourts.gov/static/media/documents/160919_529D0B0E89DF
4.pdf
Introduction
1. a. QUESTION 1. Who is the buyer (plaintiff’s last name) in this case and
what is his occupation?
In this case, the buyer (plaintiff) is Bertram. His occupation is a farmer.
b. QUESTION 2. Who is the seller (defendant’s last name) in this case and
what is his occupation?
The seller (defendant) is Harberts. His occupation is a contractor.
c. QUESTION 3. What was the subject (purpose) of the contract?
The subject and purpose of this contract is the installation of overhead doors
and equipment.
Facts in the Case
2. QUESTION. 4. Who was initially responsible for the overhead doors
and equipment?
Initially, Harberts, the seller, had the responsibility of the overhead doors and
equipment.
Calculating Expenses and Damages
3. a. QUESTION 5. Fill out the following information designated by “?” If it
helps you can substitute * with the appropriate mathematical sign (+, -, or
=)
, ORIGINAL CONTRACT AMOUNT
IF THE CONTRACT HAD BEEN FULLY PERFORMED
Do Not Consider Later Issues Covered in QUESTION 6
(Associated with Prepayment Amounts, or Amounts Arising Out of
Replacement of the Roof, Replacement of Gutters, Repairs to the Installation
of Side Paneling, or Extras)
Amounts Required to be Paid, Paid, and Remaining to be PaidPayment
Schedule Percent
of Total Amount Required to be Paid
Amount Paid Amount Remaining to be Paid
