How to Ace FYLSE/2008 J Q3

http://admissions.calbar.ca.gov/Portals/4/documents/gbx/sf_0807_Essay-Selected_Answers.pdf

Fact Summary

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

#1 Buyer's Right to Sue Seller before May 25

• Is There a Valid Contract?
• Anticipatory Repudiation?

#2 Provisional Remedies to Prevent Sally from Delivering the Car

• 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

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

#4 Damages for Breach of Contract

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