Business Law

1. Since damages are unforeseeable, Marcia is not liable to pay the full amount. Edward will not recover. He would’ve been able to recover if he stated a condition that specified the date of delivery, but in this conditions that were sated he will not be recovered.
2. Daniel will recover any of the losses or damages that may have happened because of the strike and shortage of resources. However, Daniel is liable for the 20 days delay and is supposed to pay for the delay and recovery since it was stated in the contract the penalty of any delay and it was agreed on by both parties.
3. Jane would be able to recover for the damages that occurred, but not for the purchase price because Sharon notified Jane not to proceed with the other five hundred shirt production. Thus, Jane is only entitled for the damages recovery, but not full price.
4. The contract between Stuart and Charlotte was only valid for a year and Charlotte was not allowed to sign a contract with another comedian theatre until the year has passed. Since the year has passed, Stuart has no right to stop Charlotte and is not liable anymore to the contract or to Charlotte.
5. Pam is entitled to collect $8,000 because she is only entitled to pay the rent of the two months that she has defaulted, $2000. The rest of the penalty is unenforceable as it doesn’t meet the prediction of the amount that was lost from the breach.
6. A) Remedy of specific performance is entitled because stocks that are privately held are considered goods that cannot be sufficiently compensated monetarily.

b) The stock is available in the public market, so monetary compensation would be sufficient to compensate for the damages. A remedy for specific performance would be denied.

C) Specific performance is available as a remedy for the buyer in this situation because parcel of land is considered real property. Each parcel of land is considered unique, making it impossible o buy one exactly similar to it.

1. The buyer lost the power of avoidance first through affirmance. The buyer had established the contract through a fraud misrepresentation from the seller, but was fully aware about it. The buyer then lost the power of avoidance through delay. Because the buyer did not rescind the contract in a reasonable time, the claim is invalid.
2. The first builder is liable to recover $4,500 through restitution from the building owner. The builder is entitled to restitution for any benefit he established in excess of the loss caused by his breach.  The first builder is entitled to half of the benefit made through the repairs. The total acquired through benefits was $10,000. Half of 10,000 is $5,000. James is entitled to $5,000. The first builder is entitled to give $500 to the owner for the amount of loss in damages caused by his breach of nonperformance, which makes him totally entitled to $4,500.

10). The sale was based on misrepresentation and fraud