< How to Ace FYLSE

http://admissions.calbar.ca.gov/Portals/4/documents/gbx/sf_0807_Essay-Selected_Answers.pdf

Fact Summary

B wanted to buy a rare car from B to enter a prestigious auto show to increase the circulation of B's magazine and increase advertising revenues. B agreed to buy the car for $200,000 to be delivered on May 25 and executed a valid written contract and B paid nonrefundable $5,000 entry fee for the auto show. On May 10 S told B that S just sold the car and the car was bound for Italy.

Outline

#1 Buyer's Right to Sue Seller before May 25

  • Is There a Valid Contract?
  • Anticipatory Repudiation?

#2 Provisional Remedies to Prevent Sally from Delivering the Car

  • Injunctive Relief?
  • Inadequate Legal Remedies?
  • Is There a Property Right?
  • Feasibility of Enforcing Decree?
  • Balancing Hardships?
  • Temporary Restraining Order?
  • Preliminary Injunction?
  • Defenses?

#3 Specific Performance or Replevin

  • Specific Performance?
  • Contract?
  • Satisfaction of Condition?
  • Inadequate Legal Remedy?
  • Feasibility?
  • Defenses?
  • Replevin?
  • Replevin Inadequate?

#4 Damages for Breach of Contract

  • Non-Delivery of the Good
  • The Loss of the Expected Increase in Circulation and Advertising Revenues
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