Quiz 18 :
Performance and Discharge
Legal v. Ethical: In the case of Steel Purchaser v. Steel Supplier a trial court would enforce the contracted amount for purchasing steel as per the contract. As a party to an enforceable contract the purchaser has a legal right to specific performance in the purchase of an item listed under the contract terms. Ethically, you would be driving a supplier out of business and therefore may not be able to collect on any judgment in favor of your contract. In this situation it may be best to negotiate a price that compromises both positions in order to maintain both businesses and foster a loyal business relationship.
Liquidated Damages: In the case of Windsor v. Cohen a court would uphold the liquidated damage clause in the contract. According to the terms of the contract, Windsor agreed to surrender her deposit if she breached the contract. Unless there was another clause that stipulated reliance upon financing as a remedy for breach that relieved her responsibility to surrender the deposit, she is liable for the liquidated damages that she agreed to regardless of what happens subsequent to her breach.
Breach of Contract and Remedies. The impartial cure of specific performance means the presentation of the act assured in the bond. Specific presentation will not be decided except the party's legal cure is insufficient. In this case also, X Entertainment can also pursue specific presentation of the contract as B is the best motorbike stuntman in the business and no one can substitute him or the Entertainment's damage cannot be improved by financial compensations. Therefore, X Entertainment can file suit for exact presentation of the agreement and the same should be decided by the law court.
There is no answer for this question