Questions On Contract Remedies, And The Parker V. Twentieth Century Fox Film Corp

There are two major lawsuits which the main populace has defined as frivolous. One of those cases is the McDonald’s split coffee case. This is the case where the plaintiff spilled her coffee and was rumored to sue McDonald’s for 2.7 million dollars and win. The other’s case is the Pearson dry cleaning case where a man sued Chung Dry Cleaner’s 54 million dollars for losing his pants. The plaintiff won in the McDonald’s Case and the Plaintiff lost in the Dry clearance’s case. In this paper we are going to dissect each case by the facts, the law, the issues, the ethical issues, the defendants preventative

According to Law Nix the courts allowed the plaintiff to recover all of its damages from both before and after the defendant rescinded the contract. The issue was determining what damages would be available to the plaintiff in a claim for wasted expenditure from a breach of contract. A plaintiff is not limited to expenditures incurred after the formation of the contract in a claim for wasted expenditure from a breach of contract (Law Nix).

1) General Rule – Contract damages should put the π in as good of a position as if the contract was fulfilled.

breach of express and implied contracts based on the theory of promoter liability. The courts

case brief---Gregory, a comedy writer, entered into a contract with Wessel, a comedian. The contract provided that Gregory would provide Wessel with a 15 minute monologue for his upcoming appearance on the comedy hour and Wessel will pay $250 to Gregory. All performers could make $500 per appearance on the comedy hour. and when Wessel was scheduled to aper on the comedy hour, Gregory informed him that he was unable to provide the monologue, because last time Wessel was asked to make special guest appearances at three local comedy clubs performance during the comedy hour. and Wessel bought lawsuit to Gregory for beach of contract and request damages of $1250.

Cameron, P., (2012). Defending a Company in a Breach of Contract Lawsuit in San Diego

Nature of the Case: Universal City Studios, the plaintiff, alleged that Sony Corporation of America, the defendant, was guilty of copyright infringement. The preceding was a discretionary appeal from the district court to the United States Supreme Court. They sought money damages, profits, and an injunction against the manufacturing and marketing of Betamax VTR’s.

The plaintiff Douglas Parker lost his job with defendant Sony Pictures Entertainment, Inc. ("SPE") after a workplace injury led him to take a medical leave of absence. Parker took an extended medical leave as a result of a back injury in March 1995. SPE's period of guaranteed leave expired in September 1995, and SPE terminated Parker on September 15 when he failed to return to work after the expiration of his leave. Just before Parker’s leave period expired, the medical reports submitted in support of Parker's temporary disability benefits from SPE stated that he was not able to return to work. About a month later the reports became ambiguous.

The court acknowledges the Potters lawsuit for restitution of sums paid on the property and it was not for expectancy damages. Clearly, the court stated, “By selecting the remedy of rescission and restitution, rather than expectation, or reliance damages, Potters chose what is usually the smallest awardable recovery.”(case, pg.4) Therefore, the court claims the remedy for this lawsuit was a fair decision. Since the market value of the property decreases their total recovery and the court felt it was an appropriate decision to deduct $10,800 from the awarding amount. The court rejects Oster statement that the amount should have been base on the market value when the contract was breached instead of when the performance occurs.

In this essay, I will be writing to show whether I believe litigation, ADR, or criminal prosecution is the appropriate response the three scenarios presented. The three examples given were a secretary who has been taking money from the company she works for, with the intent of paying it back but never did; a little girl who was rendered brain damaged as a result of swallowing the toy finger of the toy doll that her father purchased for her; and a company that loss money as a result of not being able to ship product due to receiving an incorrect shipment from one of their suppliers.

In contract law damages are a legal remedy available for a breach of contract. Damages are used as an award of money to compensate the innocent parties. The primary function of damages in contract law is to place the injured party in the position they would have been if the contract been performed to its full agreement. Fun Film plc had lost money only down to the delay the film which they suffered entirely, and readily, foreseeable losses far in excess of the hire charge for the film. Example of damage in contract law is the case of Addis v Gramophone [1909] where the claimant had been employed as a manager. The defendant relieved him of his services and replaced him with someone else which was a breach of the contract. The claimant brought an action for breach of contract under which he claims that the level of damages should reflect the circumstances in which he was dismissed damaged his reputation and ability to find suitable employment.

Knapp, C. L., Crystal, N. M., & Prince, H. G. (2016). Problems in Contract Law: cases and materials. Wolters Kluwer Law & Business.

This paper will give a brief legal and spiritual analysis of the case of Peterson vs. Simpson.

Martina owns two houses in Loughchester. In May, she entered into a contract with Loughchester University for it to rent the houses for the coming academic year for use as student accommodation. The University paid Martina £750 straight away, with the rent to be paid to Martina by the University monthly in arrears. Martina then engaged Roger Roofers Ltd to carry out repairs on the roofs of the houses, to be completed by 23 September, in time for the arrival of the students. She paid Roger Roofers £1,000, with the balance of £3,000 to be paid on completion of the work. Consider the effect on Martina's contracts of the following events.

The use of words “penalty” or “liquidated damages” may prima facie be supposed to mean what they say, the expression used is not conclusive. See Dunlop Pneumatic Tyre Co Ltd v New Garage & Motor Co Ltd . The court must find out whether the payment stipulated is in truth a penalty or liquidated damages. If the clause is a liquidated damages clause, Private Label Clothing (PLC) can recover the specified sum although the actual loss may be less. However, penalty is not enforceable and PLC cannot recover more than actual loss. Therefore, it must pay attention to draft a liquidated damages clause.