Case s ummary: Person GF joined an university KS as a head coach for men’s basketball team with a five-year contract with a salary of $ 300,000. In case of breach of contract by GF, he will be liable to pay liquidity damages that will be equal to the salary received by him, multiplied by the number of years remaining for the expiry of the contract. GF left the college four years before the termination of the contract. GF joined another university B at a salary of $ 700,000. University KS filed a suit in Ohio state court against GF. The court enforced the liquidity damages clause and awarded the university $ 1.2 million. GF appealed arguing that the liquidity damage clause was an unenforceable penalty. To e xplain: The impact of the record of the basketball team on the decision of the court.

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Webster v. Blue Ship Tearoom. Can you think of other situations today for which this case might serve as legal precedent? PRISCILLA D. WEBSTER V. BLUE SHIP TEA ROOM, INC. SUPREME JUDICIAL COURT OF MASSACHUSETTS FACTS: Priscilla Webster, a restaurant patron who ordered seafood chowder and choked on a fishbone, brought this case. She maintained that she would not have reasonably expected to find a bone in the chowder. As a result of the bone in the chowder, Webster suffered through several hospital procedures to remove the bone, at considerable cost and pain. At the trial, a jury found for Webster. The Blue Ship Tea Room, the defendant, appealed the case on the basis of the legal interpretation of the implied warranty of merchantability. The appellate decision has become a classic in American jurisprudential reasoning. REASONING: The court, in great detail, discussed the rich culinary history of New England seafood chowders. In going through the details of exactly how good chowder is…

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Chapter 13, Problem 4CT

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Case s ummary: Person GF joined an university KS as a head coach for men’s basketball team with a five-year contract with a salary of $300,000. In case of breach of contract by GF, he will be liable to pay liquidity damages that will be equal to the salary received by him, multiplied by the number of years remaining for the expiry of the contract. GF left the college four years before the termination of the contract. GF joined another university B at a salary of $700,000. University KS filed a suit in Ohio state court against GF. The court enforced the liquidity damages clause and awarded the university $1.2 million. GF appealed arguing that the liquidity damage clause was an unenforceable penalty.

To e xplain: The impact of the record of the basketball team on the decision of the court.

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Webster v. Blue Ship Tearoom. Can you think of other situations today for which this case might serve as legal precedent? PRISCILLA D. WEBSTER V. BLUE SHIP TEA ROOM, INC. SUPREME JUDICIAL COURT OF MASSACHUSETTS FACTS: Priscilla Webster, a restaurant patron who ordered seafood chowder and choked on a fishbone, brought this case. She maintained that she would not have reasonably expected to find a bone in the chowder. As a result of the bone in the chowder, Webster suffered through several hospital procedures to remove the bone, at considerable cost and pain. At the trial, a jury found for Webster. The Blue Ship Tea Room, the defendant, appealed the case on the basis of the legal interpretation of the implied warranty of merchantability. The appellate decision has become a classic in American jurisprudential reasoning. REASONING: The court, in great detail, discussed the rich culinary history of New England seafood chowders. In going through the details of exactly how good chowder is…

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