Abl 104767 In Business Law

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104767 IS GEORGE ENTITLED TO PRELIMINARY INJUNCTION TO STOP THE FAIR. APPLICABLE LAW. Contracts that involve the sale of goods are governed by the UCC and services and other contracts are governed under the common law of contracts. Here, since the contract involves the renting of a booth to George by Fairco the modern common law would apply to resolve any contractual issues between the parties. LIABILITY THEORY. Breach of contract. It is stated that George signed a one year lease agreement with Fairco to rent the booth space on Main Street during the fair days (first Sunday of each month). George initially learned that the booths on Main Street were being leased to produce farmers, which George could have considered an anticipatory repudiation…show more content…
Here, George has a valid, enforceable contract and should be put in the position he would be in had the contract been fully performed. Had the contract been fully performed George would have his booth he contracted for on Main St. CONSEQUENTIAL DAMAGES. An injured party may recover consequential damages per Hadley v. Baxendale if they are foreseeable at the time of contract formation and they are a result of the Defendant’s breach. Here, it is foreseeable that George would spend money, time, and effort into building or buying his bird houses to sell at the fair every month and therefore his expenditures would be considered in this instance and the Defendant did breach the contract; Therefore, George should be compensated for his consequential damages. a)Lumber and Other Materials. The necessity of refunding George’s money spent on lumber and other materials is clearly a foreseeable consequence of Fairco’s breach. Since George has already spent the money for the materials the amount would be certain and recoverable by…show more content…
APPLICABLE LAW. Supra. Here, the facts are the same as above. LIABILITY THEORY. Supra. Here, the facts are the same as above. EQUITABLE REMEDIES. SPECIFIC PERFORMANCE. Specific performance is an order granting specific performance is a mandatory injunction in a contract situation. In order to receive an order granting specific performance there must be a valid contract, inadequate legal remedy, feasibility, and mutuality. Here, George would be requesting the court to order specific performance in allowing him to rent the booth on Main Street. VALID CONTRACT. There must be sufficient, definite, and certain terms in the contract such that a court may fashion a decree. Under common law of contracts the agreement must mention parties (George and Fairco), subject matter (the renting of a booth), price (no price is mentioned but the call of the question has stated that it is valid), quantity (one booth), and time for performance (first Sunday of each month). Therefore, there are definite and certain terms for the courts to fashion a remedy in this situation. INADEQUATE LEGAL

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