LAW Essay Example | Topics and Well Written Essays - 250 words

LAW - Essay Example Therefore, Grapes & Vines Winery could have delivered the wine anytime before May 1, as the contract did not limit their duty to perform only on May 1. However, they chose to do it in the last possible day – May 1. The fact that the delivery van was involved in an accident does not constitute an objective impediment to performing the contract (destruction of the subject matter of the contract cannot be used as an excuse in this case), as the winery most certainly had in stock enough bottles of wine to deliver them later that day to Elin. This is a certain fact, as the bottles were delivered in the afternoon of May 2. Moreover, immediately after the accident, the company should have called Elin and ask her if she would agree to a delivery of the bottles later that day or maybe on May 2. This would have solved the problem and avoid the unpleasant situation. Therefore, the Court should discharge the contract due to its material alteration and failure to substantially perform on b ehalf of the plaintiff (Grapes & Vines Winery). In this case, Elin’s contractual obligations would be also discharged and her not accepting the plaintiff’s tender later than the due date should not be considered as breach of contract. 2. I believe that in this case, time is not of the essence of the contract.

Compare the way the Aztecs dealt with Cortes to the way the Powhatans Essay

Compare the way the Aztecs dealt with Cortes to the way the Powhatans dealt with the English - Essay Example In both cases, there was an uprising as a retaliation to the enemy’s act, but after incorporating the enemy in the society. For example, Carrasco and Sessions (229) assert that Cortes was welcomed by the Motecuhzoma. The Aztec ruler offered the Spaniards with high-class accommodations, touring them around the gardens, city, marketplace, and zoo something which the people did not want. A rebellion rose up when Cortes’ second-in-command in the Aztec capital murdered a group of unarmed warriors and priests at the Main Temple of Tenochtitlan. The Aztecs, under the leadership of Cuitlahuac led a massive attack in the night of June 1520 driving the Spaniards out of the town. Kupperman (174) argues that the Powhatanss incorporated the English settlers as clients so as to learn their economic and political arrangements. This made the English think they had submitted to King James which was not so. In both conquests, there were numerous casualties. White notes that during the Aztec’s resistance, â€Å"over 2,000 Tlaxcalan soldiers and 500 Spaniards were killed in the battle† (467). The Powhatans riddled the colonists with arrows, killing 347 settlers. Divine intervention was also used to fight off the enemy. The soothsayers informed Aztec emperor Montezuma II as well as the people of calamities to come. The Powhatans hatched the plan to attack the English settlers based on their religion. In both native groups, the captives were tortured and humiliated. The Aztecs ate the flesh of the enemies they had captured in the battle (Carrasco and Sessions 231). The Aztecs carried out campaigns to capture the enemy warriors for sacrifice and humiliation as much for killing on the battlefield. The Powhatans performed rituals on the captured enemies and killed them (Axtell 67). Captain John Smith, in December 1607, was almost executed by the king after being captured. The Aztec empire used conquests, wealth, a series of alliances, forced payments of the