Essay on Case Brief: Kilarjian vs. Vastola
The case of Kilarjian vs. Vastola is the case that raises the clash of the burden of buyers and sellers in terms of the real property contract, which sellers have failed to perform because of the poor health condition of one of the sellers.
The issue raised by the Problem
The issue raised by the problem is the failure of sellers to perform their part of contract because of the poor health condition of a seller. In such a context, the issue is whether the burden of the plaintiffs exceeds the burden imposed on the sellers.
The Rules of law that are applicable to the resolution of the issue.
The breach of contract by the seller is the main rule of law that involves the failure of sellers to perform specific actions, namely to free the house by the date determined by the contract. The main rule is the gravity of the burden of participants of the contract. Rules of law imply that the party that bears the burden of the contract
The Application or Analysis, that is the application of the rules to the particular facts set forth in the Problem
The court’s ruling was in favor of sellers, since the burden of sellers exceeded the burden of buyers. To put it more precisely, the condition of the seller exceeded the disappointment of buyers, the plaintiffs, because of the failure to buy the house.
Conclusion
Thus, the case of Kilarjian vs. Vastola reveals the difference in the burden of parties involved in the contract. Sellers’ burden exceeded the burden of buyers. This is why the court took the ruling in favor if sellers.
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