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Essay Problems - Amy and the Convertible

Autor:   •  March 3, 2018  •  934 Words (4 Pages)  •  502 Views

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Given these observations, bearing in mind the rule that applies, it follows that there is detrimental reliance on Ben’s part.

Next issue is Quasi-contract. Where one party knowingly and deliberately allows another to confer an economic benefit, given the opportunity to voice their objection and they choose silence, based on the conduct of the party a contract will be implied in law. In this case, when Ben asks Amy for his $50 dollars back and tells him that he’ll get it next week and sees that Dan and Carl are using supplies that he effectively paid for, this establishes the economic benefit conferred to Amy. Amy knowingly and deliberately received this benefit when she made the purchase herself. Given these observations, bearing in mind the rules that apply, it follows that there is a Quasi-contract formed between the parties.

Due to time constraints these are the issues I was able to cover; Anticipatory Repudiation, Damages in Expectation, Damages in Reliance and Damages in Restitution.

Anticipatory repudiation occurs where one party breaches a valid formed contract prior to performance. Given these observations, bearing in mind the rules that apply, it follows this what we have based on the facts.

Damages in expectation is to put the aggrieved in as good of a position as he would have been in if the contract would have been enforced. The aggrieved party is entitled to consequential damages and incidental damages. Given these observations about the facts, bearing in mind the rule that applies, it follows that there is damages for Ben in expectation.

Damages in reliance are to place the aggrieved party in as good as position as he would have been in had the transaction never occurred. The aggrieved is entitled incidental damages and consequential damages. Given these observations, bearing in mind the rules that apply it follows that Ben is entitled to damages in reliance.

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