A Home for the Buccaneers A home for the Buccaneers The case involving the and Dunn falls under contract law. Under this law, the content, validity, and relationship of an agreement between individuals or entities is governed by a set of rules. Young (2010) asserts that contract law guides the provision of services, sale of goods, and the exchange of ownerships and interests. Under this law, the phrase “time is of the essence” refers to the stipulated terms that the contract will be carried out on time. This phrase gives one party the mandate to void the contract if the other party does not carry out the terms of the contract. The failure of Dunn to construct the stadium within the stated time constitutes a breach of contract.
This is because the terms of the contract had expressly stated that time is of the essence. On this regard, Dunn should not win the case; instead, they should be required to pay damages to the city of Tampa Bay. This can be explained based on a number of considerations and losses incurred by the city because of the failure of Dunn to construct the stadium on time.
The breach of the contract led to inconveniences, which adversely affected the city in a number of ways (Blum, 2007). First, the delay in the completion of the new stadium made the city of Tampa Bay incur additional expenses of renting Tropicana Stadium. Relocating to the Tropicana Stadium also meant additional costs of advertisements and promotions. Thus, the city of Tampa Bay should be awarded damages. All parties to a contract have the responsibility to fulfill their contractual obligations (Halson, 2001).
This did not happen since Dunn failed to complete the stadium in due time; Dunn should reimburse the city of Tampa Bay the expenses incurred due to relocation to Tropicana Stadium. Secondly, Dunn can be considered guilty of delaying the performance of the contract; this is against the elements of a contract. This wrongful delay should be compensated by covering up for the rental expenses incurred by the city of Tampa Bay. This additional amount results from the failure of Dunn to perform the contract on time.
Blum (2007) observes that, under the contract law, no party should incur additional expenses unless there was such a provision in the initial terms of the contract. Dunn should also compensate the city of Tampa Bay for failing to perform the contract according to the stipulated terms. Without any legal excuse, Dunn delayed the construction of the new stadium. Dunn should have notified the city of Tampa Bay that they will delay the stadium due to lack of safety measures. In this case, the initial terms stated that the project should be completed within the agreed time.
As such, Dunn is liable to pay damages to the city for failing to finish the project as agreed. According to Young (2010), a delay in the performance of the contract amounts to a breach when the clause on time is of the essence applies. In the case of the city of Tampa Bay and Dunn, performance of the contract on time can be considered a vital and essential component of the contract. City of Tampa Bay needed the project to be completed by the stated time.
Thus, the failure of Dunn to complete the new stadium on time amounts to damages. In conclusion, Dunn should pay the city of Tampa Bay for expenses incurred by relocating to Tropicana Stadium. Failure to complete the project on time leads to a breach of contract, which should be awarded damages. The inclusion of the time is for the essence clause in the contract means that the city of Tampa Bay wanted the stadium to be completed within the stated time. References Blum, B. A. (2007). Contracts: Examples & Explanations. New York: Aspen Publishers.
Halson, R. (2001). Contract Law. Harlow: Longman. Young, M. (2010). Contract Law: The basics. New York: Taylor & Sons.