LS311-4 – Analyze the remedies for Breach of Contract Candie Cardigan as a representative for CARDWARE has decided to auction her strapless giraffe print dress made of silk, satin with velvet markings. This particular dress was used in a movie filmed i

LS311-4 – Analyze the remedies for Breach of Contract

Candie Cardigan as a representative for CARDWARE has decided

to auction her strapless giraffe print dress made of silk, satin with

velvet markings. This particular dress was used in a movie filmed in

S. Africa. The dress had been show cased among other famous

dresses in the Silkadonia Actors Guild Museum. Cassie Cardigan

was chosen to act as the auctioneer for World Wide Auction House.

The bidding for the dress began at $5,000. Pearl has been looking

forward to participating in the auction for this dress for over three

months. Pearl raised her auction paddle and bid the initial $5,000.

Jade also wanted the giraffe print dress and upped the ante to

$5,500. The two battled the bidding to where it appeared that Pearl

got the dress for $8,500.00, as Cassie smiled and nodded at Pearl.

Candie and Jade had been friends for years, as they had modeled

together growing up as children. Candie quietly told Cassie to sell

the dress to Jade. When Pearl presented $8,500 to Cassie, Cassie

refused to take her money claiming that the dress was to go to

Jade. Cassie further explained that Jade had allegedly had raised

her paddle after Pearl’s final bid and showed five fingers meaning

that she was bidding $500.00 more over the $8,500.00 bid made by

Pearl. In reality, no such action by Jade had taken place.

Pearl now wants to sue for breach of contract. She has come to

your office asking for your help. She wants you to request that

Candie turn the dress over to her for the $8,500 that she bid. Your

supervising attorney Les Agne indicates that you should investigate

a cause of action for breach of contract, as well as a cause of

action based on specific performance. Be aware of whom the true

Plaintiff may be in this potential case and who causes of action may

be brought against. Also, Les has scribbled the following notes to

help you with organizing your thoughts regarding Specific

Performance.

Dear Paralegal:

After you establish a contract exists as a result of the auctioning of

the giraffe print dress, you may want to consider the following with

regard to specific performance:

· You must have a contract in place

· The remedy at law must not be adequate (hence damages alone

will not provide relief to the party who is seeking specific

performance.

· The remedy must be enforceable

· If one party can bring the action for specific performance, so can

the other if the positions were reversed.

· If there were any conditions to the contract, all were.

Be sure to discuss defenses with regard to the contract. In other

words, what will Candie or the Auction House say in response to

there being a contract?

Assignment Instructions:

Please write me a memorandum in the following format:

Date:

To: Les Agne, Attorney at law

From: [Your Name]

Re: Potential Causes of Action for Breach of Contract and Specific

Performance

Organize your memorandum with an introduction, body, and

conclusion.

Note: Your memorandum length of 2–3 pages is separate from

the cover sheet and reference page.