Law Essay Sample: Potential Causes of Action for Breach of Contract and Specific Performance

This memorandum details an occurrence where Cardware is represented by Candie Cardigan. Candie Cardigan is also the World Wide Auction House's auctioneer and a staff of Cardware, Inc, Pearl is the litigant in this suit. Cardigan who is the representative of Cardware resolves to sell a dress of a kind in an auction. The dress is put together with other renowned dresses in a famous museum of Silkadonia Actors Guild. The auctioneer that would auction it at World Wide Auction House was Cassie Cardigan also from Cardware Inc. A bidder by the name Pearl yeaned to bid on this dress for some months. Candie's close friend by the name Jade had interest in bidding on the dress against Pearl.

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Pearl's bid of $8500 made Cassieto smile accompanied by a nod at Pearl, this was after a long battle of bids and this led to the closure of the bidding activity. Candie talked to Cassie in a low tone and told her to hand it to Jade. As Pearl was presenting her $8500, Cassie did not take the amount saying that, the dress was Jade's. The reason for this act is to allege that Jade increased her amount later when Pearl's placed her final bid. Cassie claims that Jade showed up five fingers to show that she was willing to bid $500 more than Pearl's bid which was raising the amount to $9000. This was not true since Jade did not make any more actions. Pearl comes to the office with a purpose of filing a case for breach of contract. In the suit, Pearl wants the dress to return to her for the $8500 which she bid and won.

According to components of a contract, an offer and an acceptance are very important and ought to be there (Allen & Kraakman, 2016). In a contract, a voluntary act by the offeree that indicates their willingness to the conditions of an offer is termed as acceptance (Miller, 2015). In the auction house, Cassie offered the dress for a price where pearl bid $8500. Cassie accepted the bid by nodding and smiling at Pearl which led to the closure of the bidding session. In this incident, they meet all components of a contract. These elements include Definiteness and in this situation, there was a breached agreement made. Specific Performance is another reason for action when breached in a contract. Specific execution is a fair correction which requires execution as in the agreement (Macaulay, 2018). This execution is crucial beyond losses of monetary value. The court will order for specific performance if the goods are very unique such as sculptures, coins, rare books, and paintings (Halliday & Shaffer, 2015). In this case, the cloth is unique and is put on in a film and featured in the Museum of Silkadonia so this would add up to the specific performance. Additionally, no actual damages or financial losses to Pearl emanating from this breach thus normal expenses are considered. This would be to confirm the mistakes of Candie who represents Cardware, Cassie, and the Auction Firm and impose them.

Compensatory Damage meant to compensate the losses resulting from the breaching of contract. The plaintiff, in this case, is Pearl while Cassie, Candie Cardigan, and Cardware Incl are defendant. The Cardware Inc. and World Wide Auction House are liable for actions of their staff under respondent superior. The law holds the employer responsible for the actions of their workers as they act within their scope. (MacIntyre, 2018) The defendants can defend themselves using the doctrine of clean hands where the court denies specific performance if Candie acted in bad faith (August, Mayer & Bixby, 2012). Lastly, there are parts of a contract which were breached under fraudulent means and this exempts House Auction under the doctrine of "clean hands" and yet to be relieved of a respondent.

References

Allen, W. T., & Kraakman, R. (2016). Commentaries and cases on the law of business organization. Wolters Kluwer law & business.August, R., Mayer, D., & Bixby, M. B. (2012). International business law. Pearson Education Limited.

Halliday, T. C., & Shaffer, G. (Eds.). (2015). Transnational legal orders. Cambridge University Press.Macaulay, S. (2018). Non-contractual relations in business: A preliminary study. In The Law and Society Canon (pp. 155-167). Routledge.MacIntyre, E. (2018). Business law. Pearson UK.

Miller, R. L. (2015). Business Law Today, Standard: Text & Summarized Cases. Nelson Education.