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 governs; Bethany will pay a remedy of lost profits to Hyacinth, because the sessions were not completed, and the original contract did not specify the length of Vinson's recovery. O Common law governs; a judge would find in favor of Hyacinth, making Bethany liable to pay under the terms of the contract. O UCC Article 2 governs; Bethany will not have to pay a remedy or lost profits to Hyacinth, because the treatment did not work. O This type of case would be heard in a court of equity, and both parties must tender specific performance. O Hyacinth had no enforceable rights with Bethany because Hyacinth had furnished no consideration to Bethany (the therapy sessions were simply between Hyacinth and Vinson).
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 governs; Bethany will pay a remedy of lost profits to Hyacinth, because the sessions were not completed, and the original contract did not specify the length of Vinson's recovery. O Common law governs; a judge would find in favor of Hyacinth, making Bethany liable to pay under the terms of the contract. O UCC Article 2 governs; Bethany will not have to pay a remedy or lost profits to Hyacinth, because the treatment did not work. O This type of case would be heard in a court of equity, and both parties must tender specific performance. O Hyacinth had no enforceable rights with Bethany because Hyacinth had furnished no consideration to Bethany (the therapy sessions were simply between Hyacinth and Vinson).
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