LS311-4 Analyze The Remedies For Breach Of Contract

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LS311-4 Analyze The Remedies For Breach Of Contract

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LS311-4 Analyze The Remedies For Breach Of Contract

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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?

Answer:

Introduction
A contract is an agreement between two or more parties when they want to achieve something. It can either be oral or written, but both are enforceable. However, in certain situations either one or both parties fail to fulfill their promises as made in the contract. This situation is known as the breach of contract and it is punishable by law depending on how the contract was formed and the circumstances for breach. What follows in this memo are the possible causes of action for breach of contract between Candie Cardigan and Pearl and the specific performance.
Existence of a Contract
A contract existed between Cardigan and Pearl as a result of auctioning the giraffe print dress. By auctioning something, the auctioneer and the customer with the highest bid form a contract that what is being auctioned should be sold to the one with the produces the highest amount (Smith, 1997). Since Pearl had a higher bid than Jade, it was clear that she was supposed to get the dress. Besides, Cassie the auctioneer smiled and nodded at her implying that she accepted her amount of $8,500 for the dress. Therefore, refusing to take Pearl’s money an selling the dress to Jade instead is a breach of contract.
Remedies for Breach of Contract
The plaintiff has authority to pursue a variety of options since it is clear that Cardigan breached the contract. Some possible remedies include specific performance and damages. In specific performance, monetary damages are inadequate like the case of Cardigan and Pearl (Cabrelli, 2016). In such a situation, plaintiff should take the defendant to court whereby the court will force Cardigan to perform the specific contract terms that has not yet been performed. As for damages, the plaintiff may have suffered some financial losses as a result of the other party’s breach of contract. For instance, if Cassie had sold the dress to Pearl as agreed, Pearl would not have gone for an attorney’s assistance which is of course costly. This implies that the financial damage happens to Pearl as a result of the defendant’s breach of contract and she must be compensated for it.
Possible Defenses
Nonetheless, the defendant may come up with defenses such as: the existence of a unilateral mistake, where Pearl is blamed to have mistakenly thought Cassie Cardigan had accepted to sell the dress to her yet Jade had a higher bid of $500 higher than Pearl’s. In this case, the court cannot enforce the contract between Cardigan and Pearl. Impossibility may also apply where the defendant claims it would be impractical or impossible selling the dress at a lower bid while the other customer placed a better bid than $8,500 (Smith, 1997).
Conclusion
Therefore, contracts can be formed and become enforceable by the court. However, breaches do occur and there are possible remedies and defenses. Pearl can claim for damages and specific performance, while Cardigan can come up with defenses of unilateral mistake and impossibility. The court, can therefore, decide based on the arguments.
References
Cabrelli, D. (2016). Liability and Remedies for Breach of the Contract of Employment at Common Law: Some Recent Developments. Industrial Law Journal, 45(2), 207-219.
Smith, S. A. (1997). Performance, Punishment and the Nature of Contractual Obligation. Modern Law Review, 60(3), 360.

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