Running head: ASSIGNMENT 2
Nathaniel Adkins
Davenport University
Marc Matlock
5/31/2017
Running head: ASSIGNMENT 2
Ch 12
3. In this case I believe that the contract signed by Dr. Herzog and Gary jones to transfer the money
received in the motor cycle accident to him for the surgery would serve as enough to win in court. In
contract law as stated in the text, Tender of performance is defined as “means to offer to do what one
has agreed to do under terms of the contract” (Sukys & Brown, 2017). Since the surgery was done, the
court would rule in favor of Dr. Herzog in my opinion.
5. In this case Timbercrest has built a home for the Murphy’s, who will later sell to the Litwin’s. In the
case the Murphy’s buy the house originally have some problems and have Timbercrest (the builder) fix
them and all is well. Years later they sell the house to the Litwin’s, who have the home inspected and