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(Solved): Mike Do you think Mrs. Maples is right, Dane Imhoff? Did the storm cancel our contract? Dane Imhoff ...



Mike Do you think Mrs. Maples is right, Dane Imhoff? Did the storm cancel our contract? Dane Imhoff Mrs. Maples is partially right. Providing pool cleaning service became impossible after the hurricane because the subject matter of the contract (the pool) was destroyed. Both Penny Pools and Mrs. Maples are discharged from any contract rights or obligations for the period after the hurricane. But Mrs. Maples still owes you damages for the work you did before the storm. She breached by not paying on time. Mike I agree with you, Dane Imhoff. So let's assume that we can recover some damages. Dane Imhoff, what types of damages are we entitled to? Equitable relief: monetary damages are an insufficient remedy. Compensatory damages: the actual damage Penny Pools suffered when Mrs. Maples breached by not paying. That would include the 3 months of unpaid service fees. Restitution: this was an unenforceable contract and Mrs. Maples received an unfair benefit. The court should order that she pay you the fair market value of your services. Liquidated damages: you already agreed to a fixed amount of damages in the event of breach because actual damages would have been so difficult to determine. Submit



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