Ishmael and Export Co
After a 30-year career as a shipping logistics executive, Ishmael retired and began to offer his services as a logistics consultant. Ishmael entered into a consulting contract with the general manager at ExportCo. to provide logistical advice to the company for 12 months. The parties agree in the contract that Export will pay Ishmael $5,000 per month on the last day of each month. Ishmael promised to devote “100 percent of his professional time” to Export for a period of at least eight consecutive weeks.
- After one week on the work site. Ishmael finds thathe is devoting more time then he initially believedwas necessary to Export. so he attempts to convinceExport to pay him $6,000 per month for his consultingservices. Export does not agree to any change. so Ishmaelbegins to cut down his hours so that he is spendingonly 80 percent of his professional time at Export.If Export sues Ishmael for breach of contract. are there any circumstances where Ishmael may use thedoctrine of substantial performance to complete hisperformance obligation? Why or why not?