Problem:

Washington Hospital enters into an agreement with Acme Surgical Instruments to purchase surgical instruments from Acme for a two-year period. The contract sets forth quality standards that require at least 95% of the surgical instruments to be suitable for Washington Hospital's purposes. From the first month of the arrangement, only 90% of the surgical instruments met the quality standards. At first, Washington Hospital does not advise Acme of the problem because Washington Hospital needs to keep its operating rooms performing and it hopes that Acme will improve its performance. However, after six months, Washington Hospital wants to terminate the contract.

1. What contract clause or clauses should Washington Hospital review before terminating the agreement? Please explain your answer.

2. Assume the same facts except Washington Hospital's Hospital Administrator orally tells Acme that it can live with the 90% quality level but Acme needs to improve its performance. Does this modify the contract? What contract clause or clauses would you review to determine your answer to this question and why? Would your answer be different if the Hospital Administrator sent a letter? Why or why not?

3. What defenses could Acme assert against Washington Hospital?

4. Assume that Acme sues Washington Hospital. Since Acme is a small company with few resources, Acme wants to recover its attorneys' fees. Is this possible? What contract clauses should be reviewed and why?

Additional Information:

This question belongs to the Law as well as it discusses regarding a condition where the hospital contracts the surgical company for supplying equipment as well as sets the quality standard of 95%. But the surgical company doesn't confirm to the quality standards. The hospital wants to terminate contract. This has been stated in the solution.

Word Limit: 336 Words