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The Madariagas owned a restaurant where they served " Albert's Famous Mexican Hot Sauce . " They entered into a contract to sell the restaurant and the formula for the secret sauce to Morris . Although Morris paid the agreed - upon price , the sellers refused to give him the recipe unless he also paid them lifetime royalties for the salsa . Which of these remedies should Morris seek : expectation , restitution , specific performance , or reformation ? Why ?
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- David E. Ross, his two brothers, and their families operated and owned the entire stock of five businesses. Ross had three children: Rod, David II, and Betsy. David II and Betsy were not involved in the operation of the companies, but Rod began working for one of the firms, Equitable Life and Casualty Insurance Company, in 2007. Between 2009 and 2013, the elder Ross informed a number of persons of his desire to reward Rod for his work with Equitable Life by giving him stock in addition to the stock he would inherit. He subsequently executed several stock transfers to Rod, representing shares in various family businesses, which were reflected by appropriate entries on the corporate books. Certificates were issued in Rod’s name and placed in an envelope identified with the name Rod Ross, but they were kept with the other family stock certificates in an office safe to which Rod did not have access. In all, one-fourth of the stock holdings of David E. Ross were transferred to Rod in this…Damages and Equitable Remedies (a) How are damages different than equitable remedies? (b) If David breaches his agreement to pay $5000 to Laura for her car, and she later sells the car to Ellysa for $4000, what is the measure of Laura’s damages from David’s breach? (c) Explain one’s duty to mitigate contract damages. (d) If Olaf breaches his obligation to deliver a new car to Lisa, is it likely that a court will require Olaf to deliver the car through the remedy of specific performance?Peter has been in practise as a doctor in Sydney since 1982. In 1984, he purchased a 25-hectares farm near Batlow, which is considered the premium apple growing region in Australia. The purchase price for the farm was $700,000. Peter borrowed the funds to purchase the farm. At the time of purchase the farm was used to grow apples and Peter continued to grow apples on the farm, employing a full-time manager for this purpose.As a result of the Black Summer bushfires in 2019/2020 however, most of the apple trees and packing sheds on Peter’s farm were destroyed. Peter decided not to replant apple trees. Instead, he decided to grow hazelnuts and cherries because he believed these would provide a higher yield than apples given current market prices.In late 2021, Peter arranged with his farm manager to oversee the removal of all remaining and burned-out apple trees on the farm and to prepare the soil to make it suitable for planting 200 cherry trees and 100 hazelnut trees. It was estimated…
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- Vinson had a severe gambling problem. Every night, he stayed awake to the early hours of the morning picking games and spreads and betting online or calling his bookie. Finally, Vinson's wife, Bethany, had enough of Vinson's gambling. Bethany entered into a written contract with Hyacinth, a gambling addiction therapist who agreed to treat Vinson twice a week for six months. The contract is signed in writing (by the contract parties. Bethany and Hyacinth; and, of course, also by the patient, Vinson). Vinson then begins his counseling. However, after two months. Bethany sees no improvement in Vinson's behavior. After all, her debit cards just got declined at the store, and when she confronted Vinson, he simply stated, "I lost $1,000 on the Miami Marlins last night." Bethany decides she is going to breach the contract, that is, to stop paying Hyacinth. What would a court most likely find, if Hyacinth sues Bethany to enforce the contract and make Bethany pay for the breach? O UCC Article 2…“A” and “B” entered into a verbal contract whereby “A” agreed to sell to “B” his only parcel of land for P20,000 and B agreed to buy at the aforementioned price. “B” went to the bank, withdrew the necessary amount, and returned to “A” for the consummation of the contract. “A,” however, had changed his mind and refused to go through with the sale. Is the agreement valid? Will an action by “B” against “A” for specific performance prosper? Reason.Peter Andrus owned an apartment building that he had insured under a fire insurance policy sold by J.C. Durick Insurance (Durick). Two months prior to the expiration of the policy, Durick notified Andrus that the building should be insured for $48,000 (or 80 percent of the building’s value), as required by the insurance company. Andrus replied that (1) he wanted insurance to match the amount of the outstanding mortgage on the building (i.e., $24,000) and (2) if Durick could not sell this insurance, he would go elsewhere. Durick sent a new insurance policy in the face amount of $48,000 with the notation that the policy was automatically accepted unless Andrus notified him to the contrary. Andrus did not reply. However, he did not pay the premiums on the policy. Durick sued Andrus to recover these premiums. Discuss who wins? Provide justification for your argument/position.
- Matthew and Joe were roommates. When they were renting their apartment, each agreed to pay half of the cost of the rent and the cable and electric bills. Two months after moving in, Matthew borrowed Joe's car and was involved in an accident. Matthew promised to pay $2,200 in damages if Joe promised not to file a claim with his insurance company. Joe agreed. However, Matthew never paid him for the damages. He claimed that the agreement was not enforceable because there was no consideration. What is the outcome? RubricMelani sold a silver-looking laptop case to Bente for $2,500. Both honestly believed that the case was made of 95% platinum and 5% ruthenium. Jossie later learned that the briefcase was made of 100% inexpensive sterling silver with gold plating on the handles and corners. Explain whether Jossie can rescind the contract with Melani.Bee's Beauty Supplies gave an exclusive sales contract to Ellie to sale its products in the Western region of the State of Missouri. While selling the product and working with Bee's Beauty Supplies Ellie became privy to proprietary information and secrete ingredients. After selling the products for a year, Ellie thought she could make a better product herself. Ellie used her knowledge of Bee's Beauty Supplies products and created what she believed to be a superior product. She began offering her products to the clients she was selling Bee's Beauty Supplies to, while she also continued to sale Bee's Beauty Supplies. Is there an agency relationship between Bee's Beauty Supplies and Ellie? If so, who is the agent and who is the principle? What duties does Ellie owe Bees Beauty Supplies? Did she breach any duty? If so, what duty? Explain.