411 REFERENCE · Wikibooks
How to Ace FYLSE/2008 J Q3
Reference material by Wikibooks contributors. This retains its source identity and is not 411 news reporting.
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