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LS311-4 Analyze The Remedies For Breach Of Contract

tag 0 Download 3 Pages / 545 Words tag 12-02-2021
  • Course Code: LS3114
  • University: Kaplan University
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  • Country: United States

Question:

Pearl now wants to sue for breach of contract. She has come to your office asking for your help. She wants you to request that Candie turn the dress over to her for the $8,500 that she bid. Your supervising attorney Les Agne indicates that you should investigate a cause of action for breach of contract, as well as a cause of action based on specific performance. Be aware of whom the true Plaintiff may be in this potential case and who causes of action may be brought against. Also, Les has scribbled the following notes to help you with organizing your thoughts regarding Specific Performance.

After you establish a contract exists as a result of the auctioning of the giraffe print dress, you may want to consider the following with regard to specific performance:

  • You must have a contract in place
  • The remedy at law must not be adequate (hence damages alone will not provide relief to the party who is seeking specific performance.
  • The remedy must be enforceable
  • If one party can bring the action for specific performance, so can the other if the positions were reversed.
  • If there were any conditions to the contract, all were.

Be sure to discuss defenses with regard to the contract. In other words, what will Candie or the Auction House say in response to there being a contract?

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