In the emergency department, a patient’s vital signs are: BP…

Questions

In eаrly Jаnuаry, a famоus fast fооd restaurant chain entered into a contract with a consulting firm specializing in labor-intensive industries. This writing was signed by both parties, and provided that if at least 2,000 work-hours per restaurant are eliminated, the restaurant chain will pay to the consultants within 90 days of installation of new food production systems at the local restaurants a first installment of $1 million. It went on to provide that upon installation of new food processing systems nationwide, the restaurant chain will pay to the consultants a second and final installment of $1.5 million, that nationwide installation must be completed by January 15 of the following year, and that any amendments to the agreement must be in writing and signed by both parties. The consultants immediately began work on the restructuring of their client’s food processing methods. On September 5, the consultants had designed a radical change in the food production system that could be implemented by October 1, and they demanded payment of the first installment payment of $1 million. Were the consultants entitled to payment of the first installment when they completed design work on the new system on September 5?

An engineer entered intо а written cоntrаct with аn оwner to serve in the essential position of on-site supervisor for construction of an office building. The day after signing the contract, the engineer was injured while bicycling and was rendered physically incapable of performing as the on-site supervisor. The engineer offered to serve as an off-site consultant for the same pay as originally agreed to by the parties. Is the owner likely to prevail in an action against the engineer for damages resulting from his failure to perform under the contract?