How to Ace FYLSE/2008 J Q3

From Wikibooks, open books for an open world
Jump to navigation Jump to search

Fact Summary[edit | edit source]

B wanted to buy a rare car from B to enter a prestigious auto show to increase the circulation of B's magazine and increase advertising revenues. B agreed to buy the car for $200,000 to be delivered on May 25 and executed a valid written contract and B paid nonrefundable $5,000 entry fee for the auto show. On May 10 S told B that S just sold the car and the car was bound for Italy.

Outline[edit | edit source]

#1 Buyer's Right to Sue Seller before May 25[edit | edit source]

  • Is There a Valid Contract?
  • Anticipatory Repudiation?

#2 Provisional Remedies to Prevent Sally from Delivering the Car[edit | edit source]

  • Injunctive Relief?
  • Inadequate Legal Remedies?
  • Is There a Property Right?
  • Feasibility of Enforcing Decree?
  • Balancing Hardships?
  • Temporary Restraining Order?
  • Preliminary Injunction?
  • Defenses?

#3 Specific Performance or Replevin[edit | edit source]

  • Specific Performance?
  • Contract?
  • Satisfaction of Condition?
  • Inadequate Legal Remedy?
  • Feasibility?
  • Defenses?
  • Replevin?
  • Replevin Inadequate?

#4 Damages for Breach of Contract[edit | edit source]

  • Non-Delivery of the Good
  • The Loss of the Expected Increase in Circulation and Advertising Revenues