Re: Potential Causes of Action for Breach of Contract and Specific Performance
A contract is described as an agreement between two parties who agree on fulfilling the stated obligation. If one party fails to satisfy one of the requirements, he or she is said to have breached the contract. In this case, the worldwide auction house launches an auction set to sell Candies’ strapless giraffe dress to the highest bidder. Cassie playing the role of the auctioneer will grant the dress’s ownership to the person willing to pay the highest amount. Pearl, one of the bidders, offers $8500 for the dress, but Cassie refuses to grant her ownership. This situation is an example of a breach of contract because the Worldwide Auction House has an obligation to sell the dress to the person paying the highest amount. Therefore, it is inherent that a case is filed against Cassie for breach of contract. This is because she fails to satisfy her set of the bargain.
It is important to note that a remedy in court law is a solution ordered by the court to one party of the breached contract. In this case, formed against Cassie, the injured party is Pearl, while the accused is Cassie. There are various remedies used for breach of contract cases, namely damages award, specific performance, reformation, rescission and restitution (Downes & Walker, 2019). The most appropriate remedy for the case between Cassie and Pearl is an exceptional performance. The solution is used in a contract breach case when the court orders the accused party to perform their duty, as indicated in the agreement. Thus, in this case against Cassie, the court will order her to deliver the dress, which was the promised good in the contract to Pearl. Specific Performance is employed. I contract cases when money damages are inadequate to cover the loss. Similarly, specific performance is used when the promised goods are unique and, thus, rare. As such, the dress as the promised good was an individual because it was shown among other known dresses in a famous Museum. Therefore, it is a unique good, and no enough amount of damages could repay the plaintiff for the loss. Thus, the specific performance remedy is applied to resolve the issue, and Cassie is ordered to deliver the strapless giraffe dress to Pearl, who earned it by bidding the highest amount.
The most probable defence for Cassie’s breach of contract is an affirmative defence. In this particular casehttps://studygroom.com/business-law-2/, Cassie may state the reason that led to her violation of the agreement. Candie, the original dress owner, puts it up for sale through auctioning and asks Cassie to grant the dress ownership to her friend Jade. In her defence, Cassie may argue that her actions were a result of Candies’ request. Therefore, she felt obligated to Jade and, as such, sold the dress to her instead of Pearl, who paid the highest price. Another defence Cassie may use is admitting to having breached the contract and obey the court’s terms to deliver the dress to Pearl. Similarly, Cassie may claim the contract was impossible because the incident happened when the contract was made. Therefore, Cassie claims to be innocent, and as such, all charges should be dropped against her as she fulfilled what Candie had requested.
A contract breach case occurs when one party (plaintiff) accuses the other party of failing to fulfill the terms of the contract. In such cases, remedies for breach of contract are used to resolve the issue for the plaintiff in a courtroom. In the scenario for the strapless tiger dress, the court may issue individual performance to repay the plaintiff’s loss. And as such, order Cassie to hand over the dress to Pearl, who earned it by bidding the highest price.