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Essay / Research Paper Abstract
A 3 page paper arguing the position of Percy in discussing the fictional case of Darby, Percy and Darby's gazebo. Darby agreed to sell the gazebo to Percy but has not; Percy has filed a lawsuit and seeks for Darby to be court-ordered the dismantle, relocate and reassemble the gazebo on Percy's property, requesting specific performance of the court. Bibliography lists 3 sources.
Page Count:
3 pages (~225 words per page)
File: CC6_KSlawDarbGaz2.rtf
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Unformatted sample text from the term paper:
against Darby because the two made a verbal contract by which Percy would purchase a Darbys gazebo, which was and currently is on Darbys property. The contract stated that
Darby would move the gazebo to Percys property and install it to the point of completion for Percy. Darby has failed to honor his commitment within the contract and
Percy seeks to gain possession of the gazebo in a final, useable form. It is Percys position that an award of monetary damages is not sufficient, that both physical
conditions and the gazebo are unique and that only Darbys gazebo is suitable for Percys property. Background Darby built the gazebo currently on
his property and the object of the contract between Percy and Darby. Formerly in the business of constructing specialty-use gazebos, Darbys gazebo is uniquely suited to the hilly terrain
of his property, which is similar in physical characteristics to those of Percys property. Percy seeks judgment from the court that will grant
specific performance, which "is available when the contract involves property which is unique or possesses special value" (Severson v. Elberson Elevator, Inc., 1977). Application of specific performance in this
case will result in Darby being required to disassemble, relocate and reassemble the gazebo on Percys property. Though specific performance is not routinely
granted in that the court has difficulty in supervising a process that could require months to complete (Yonan v. Oak Park Federal Savings, 1975), it is Darbys estimation that the
entire process would require only one days work. Specific performance also requires that other potential solutions are unworkable or at least unattractive, and such is the case here.
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