question archive 1)Identifying multiple issues in each of the questions based on the fact pattern; 2)The applicable rules for each of the issues; 3)Application of the rules to the facts of the case; 4)Reaching a possible conclusion

1)Identifying multiple issues in each of the questions based on the fact pattern; 2)The applicable rules for each of the issues; 3)Application of the rules to the facts of the case; 4)Reaching a possible conclusion

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1)Identifying multiple issues in each of the questions based on the fact pattern;

2)The applicable rules for each of the issues;

3)Application of the rules to the facts of the case;

4)Reaching a possible conclusion.

 

Will Bob prevail in a breach of contract claim against Dean? If so, was the breach minor or material? If the breach of contract claim is successful, would damages be available to Bob?

 

Case:

Bob Porter agreed to buy an airplane from Dean Dunn for $200,000. Bob attempted to obtain a loan to make the purchase, but as of the day of closing he had been unable to do so. However, he had found another person who agreed to repurchase the airplane from Bob for $225,000. Bob went to Dean's place of business on the closing day intending to take possession of the plane, but Dean informed Bob that Dean believed he should not go through with the deal. Thereafter Bob suffered severe emotional distress and loss of business reputation as a result of Dean's repudiation of the contract. 

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Issue
Will Bob prevail in a breach of contract claim against Dean?
Was the breach minor or material?
Whether the damages be available to Bob?

Step-by-step explanation

Issue
Will Bob prevail in a breach of contract claim against Dean?
Was the breach minor or material?
Whether the damages be available to Bob?

 

Applicable Rules
Rule for First Issue
As per the contract laws, an offer can be revoked any time before the acceptance, the offeror may revoke the offer by sending a notice and it must be communicated to the offeree before he sends the acceptance. 
In the case of Payne v Cave, it was held that an offer can be revoked at any time before acceptance takes place. Provided, the revocation must be communicated effectively directly or indirectly to the offeree before acceptance. 
Therefore, once the offer has been accepted and acted upon it, it cannot be revoked, the complaint of it would be a breach of contract.

 

Rule for Second Issue
As per the contract laws, 
Material breach of contract
In this breach of contract, the party fails to perform the obligation within a contract or fails to perform the contracted obligation on prescribed time. In this situation, the other party can claim damages for breach of contract.

Minor breach of contract
It is also called Partial breach of contract, the party fails to perform some part of his obligation, the other party may sue for breach of contract and claim legal remedy if the party prove that the breach of contract resulted in financial losses.

 

Rule for Third Issue
As per the contract laws, the party who suffers by such breach is entitled to receive from the breaching party, compensation for any loss or damages caused to non-breaching party. 
There are five types of remedies for breach of contract i.e. Money Damages, Restitution, Rescission, Reformation and Specfic Performance.

 

 

Application of the rule
First issue
As the fact says that Bob was agreed to buy an airplane from Dean Dunn for $200000. Bob attempted to obtain a loan to make the purchase and also found a person who will repurchase the airplane from Bob but Dean revoked the offer. The general rule says that you cannot revoke an offer after the acceptance, if you revoked then it would be considered a breach of contract. When the offer is accepted then an offeror is responsible to perform his part of the obligation, if he fails then it would be the amount of breach of contract. Similarly, in the given situation, Dean failed to perform his obligation to sell the airplane to Bob. 
Therefore, Yes, Bob will prevail in a breach of contract because Bob acted after his acceptance and made efforts to make a purchase of airplane but Dean did not perform his part of the obligation.

 

Second Issue
As per the rule, it was a material breach because Dean did not perform his part of the performance and refuse to sell the airplane to Bob Porter. The court considers material breach is a serious violation of the terms of the contract because it causes harm to the party of the contract as it typically makes fulfilling the terms of the contract extremely difficult to almost impossible. Thus, the non-breaching party is excused from having to perform their portion of the contract and is entitled to seek legal remedies to recover the harm done by the breaching party before the court. 
Therefore, it was a material breach.

 

Third Issue
Bob should reach to Dean to figure out if he can fulfill his side of the bargain. If Dean cannot, then it gives the right to Bob to claim damages from Dean for breach of contract. Bob has the option to claim damages such as an injuction order to sell on the Airplane and monetary damages for loss of reputation and mental distress. 
Monetary damages are defined in two types as Economic Damages and Non-economic Damages.
Economic Damages are awarded to victims to recover the financial losses associated with the injuries. This type of damages are meant to relieve some or all of the financial burden to the non-breaching party. Economic damages also include loss of income, property damages, cost of living with a disability etc. 
Non-Economic Damages are not easy to assign a monetary value because it is general pain and suffering. It includes mental distress, pain, loss of companionship, loss of enjoyment of life, and loss of reputation. However, non-economic damages difficult to evaluate as people do not measure pain and loss in money. 
Therefore, Bob is entitled to claim Non-economic damages from Dean.

 

Conclusion
First Issue
As Dean refused to sell the airplane after the acceptance made by Bob, it considered a breach of contract. Dean should have refused to sell the airplane before the acceptance made by Bob. After the acceptance, the contract cannot be revoked, if revoked then it would be amount to a breach of contract.

Second Issue
As Dean failed to perform his part of the obligation, it would amount to a material breach.

Third issue
As Bob suffering from mental distress and loss of reputation due to the Dean's repudiation of the contract, it gives the right to Bob to claim monetary damages from Dean.

I came to the conclusion after reading the case laws and contract laws related to the breach of contract. I have addressed all the question asked in detailed manner and properly formatted.