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Essay / Research Paper Abstract
A 3 page paper that begins with a brief scenario of a hypothetical breach of contract lawsuit. The writer provides reasons for the court to rule in favor of the claimant, who was the purchaser of a gazebo. Three other court cases are used to justify the claim. Bibliography lists 3 sources.
Page Count:
3 pages (~225 words per page)
File: MM12_PGgzlaw.RTF
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Unformatted sample text from the term paper:
deliver and install the gazebo, claiming the amount awarded Percy through Darbys bankruptcy proceedings are sufficient for the delivery and installation. Percy has brought a breach of contract lawsuit against
Darby to force Darby to honor the delivery and installation part of the contract. The court should rule in Percys favor, ordering Darby to fulfill the original contract
to deliver and install the gazebo. Darby has breached the contract. In fact, Darby admits he breached the contract but believes that bankruptcy court gave Percy adequate funds to deliver
and install the gazebo. This part is not true. The order should be for Darby to perform his contractual obligations. Percy is, in fact, asking for this order. There is
no monetary amount that can be substituted for the order to perform. The way Darby constructed the gazebo makes it perfect for Percys hilly terrain. The gazebo is unique on
two counts - its construction and its suitability to a specific piece of land. In SEVERSON v. ELBERON ELEVATOR, INC. (1975), the State Supreme Court stated: "Specific performance is available
when the contract involves property which is unique or possesses special value" (Iowa Supreme Court, 1977). This statement describes the present situation. The gazebo is unique. In fact, courts generally
rule that "money damages do not constitute an adequate remedy for the breach of a real estate contract" (Iowa Supreme Court, 1977). The same is true for unique goods. Furthermore,
Percy has information that proves he cannot substitute another gazebo for the one he purchased. And, he cannot find someone to deliver and install it. The fact that Darby is
no longer in the business is not relevant. He still has the skills to perform the contract. In the YONAN v. OAK PARK FEDERAL SAVINGS case, the Illinois Court of
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