1. (TCO 1) Your company owns a piece of land and is in the middle of purchasing this property to expand
their footprint in the community. At the last minute, the seller has backed out of the deal, leaving you with
few options. Your supervisor wants to explore the options for remedies in this case.
What remedies would be available given the type of transaction and outcome at stake? Would legal
damages make the company whole? What equitable remedies may be available? Explain your answer
highlighting the difference between remedies at law and remedies at equity? (Points : 20)
ANSWER
Equitable remedies are rarely used for contact breaches. They may be used if there is no other way to
compensate an Innocent party and also in the sale of unique objects and in the sale of land.
In Equity there is only one remedy the “specific performance” where you make the person perform the
contact. Remedies at law are ways to right a wrong that are specified in the laws, such as making you
pay a person back, or posting a bond against future performance or seizing (repossessing) property. The
key is that they are standard and defined in the laws and usually are monetary. Some courts are allowed
to apply the principles of equity instead of or in addition to those of law. Equity courts emerged to cover
situations where there was no law or the law didn't provide proper remedies. Equity courts don't set
precedents. Remedies in equity are more often injunctions or orders to do or not do something. Equity
remedies are usually not monetary. Traditionally, one in a law case might have a jury, but that was not
so in chancery. Law and chancery have gradually merged, but there are vestiges that remain and can be
seen in the fact that in some cases one does not have the right to a jury, and in that traditional equity
cases can have more available remedies than simple imprisonment or payment of money damages.
2. (TCO 2) Given the current economic climate nationwide and locally, the state of Delmarva would like to
impose a higher tax on out-of-state companies doing business in the state than it imposes on in-state
companies. The reason behind the legislature’s enactment of this law is to protect the local firms from out-
of-state competition because they are losing local business, which is affecting the state’s economy.
Is this law legal, or is it a violation of equal protection for a state to impose? What legal standards could
the court apply in evaluating the constitutionality of a law and which would apply in this instance?
Explain. (Points : 20)
ANSWER
I suspect it aids the pretense that the federal courts have a right to interpret constitutional intent. I
suspect it's a rationalization for that usurpation. That will be corrected in the next revolution I hope.
The laws of a state must treat an individual in the same manner as others in similar conditions and
circumstances. A violation would occur, for example, if a state prohibited an individual from entering
into an employment contract because he or she was a member of a particular race. The equal
protection clause is not intended to provide "equality" among individuals or classes but only "equal
application" of the laws.
, 3. (TCO 3) Jane lives in Florida and owns a small fresh fruit market. Robert lives in Georgia on a peach
farm. For years, Jane and Robert have worked together; Jane buying peaches from Robert and Robert
selling peaches to Jane for resale. Jane travels across the border to Georgia to buy her peaches because
she knows that Robert has the best peaches in Georgia and her customers love them and come from
miles to buy them from her. Jane contracted with Robert to buy 4 bushels of peaches and traveled to
Georgia, as usual, to pick them up. Unfortunately, before Jane arrived, Robert sold her peaches to Xavier,
a gentleman from North Carolina who was passing through and insisted on buying every last peach
available. Jane wants to sue Robert for breach of contract.
Can Jane sue Robert? What claims could she raise and in what court would she raise them? Explain your
answer from a jurisdictional standpoint using the above scenario. What types of jurisdiction are at
play? (Points : 20)
ANSWER
If Robert is contractually obligated to sell the four bushels of peaches to Jane and is unable to perform
his contractual obligation, then Jane can sue Robert for breach of contract. The jurisdiction in which
Jane can sue Robert depends on a couple of factors. If the contract was negotiated or signed in Florida
or if Robert has sufficient minimum contacts in Florida, Jane may be able to sue Robert there. If
neither case applies, then Jane must sue Robert in a Georgia court (or, optionally, in a federal court if
the amount in controversy exceeds $75,000). The types of jurisdiction at play in this case are:
Personal jurisdiction over Robert; general jurisdiction over the general subject matter of contracts;
original jurisdiction since the lawsuit is just being initiated; diversity jurisdiction since the parties are
in different states; and if the amount in controversy exceeds $75,000, concurrent jurisdiction, where
both the federal and state courts can claim jurisdiction.
Jane can claim that she suffered financial harm as a result of Robert's wrongful act, and sue for
compensatory and consequential damages. Compensatory damages would compensate Jane for the
loss of the bargain (usually an amount equal to the difference between the contract price and the
market price of the goods). Consequential damages would compensate Jane for other foreseeable
damages caused by the circumstances beyond the contract itself, such as any profits above market
price, any additional lost business, and the travel costs to pick up the goods.
4. (TCO 4) Sandy mails a letter back to Andrea that she has signed; the letter makes reference to a car
Andrea has for sale and Andrea’s desired price. When Andrea later delivers the car to Sandy, Sandy
returns the car, claiming she does not want the car and that they did not have a contract, so she is not
bound to keep the car. Andrea, however, claims they do have a contract and wants to enforce said
contract for the price of the car. What standard would the court use to determine whether there is a
contract between the parties for the sale of the car? (Points : 20)
ANSWER
The court would look at whether there was a meeting of the minds to determine whether a valid
contract was formed. The parties have to agree on all of the material terms of the contract, such as
the item to be sold. A judge can substitute fillers for all other terms, such as "a reasonable time" and
"a reasonable price." If both parties to an agreement make the same mistake regarding a key factual
matter, the agreement is void. For example, a contract is void if both parties mistakenly believe that
the contract can be performed when, in fact, it is impossible to perform it. Suppose Sandy promises
Andrea over lunch to sell Sandy an antique car located in Andrea’s garage. Assume both parties
believe the automobile is in Smith’s garage. However, the car had been destroyed by fire an hour
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