How to Ace FYLSE/2008 J Q3
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?
#3 Specific Performance or Replevin[edit | edit source]
- Specific Performance?
- Satisfaction of Condition?
- Inadequate Legal Remedy?
- 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