BREACH AND REMEDIES. (INJUNCTION vs. SPECIFIC PERFORMANCE)

Kevin Hart contracts with HBO to appear in a new comedy show for four seasons. Hart agrees to comply with all of HBO's standard regulations for performers. HBO promises to pay Hart $750,000 per episode (for a total of 72 episodes). It is expressly agreed "Hart shall not be employed in any other show for the period of the contract." Hart and HBO, during the first season of the show, have creative differences with respect to the show. Thereafter, Hart signs a contract to begin production on a show for Showtime. What remedies, if any, would allow HBO (a) to prevent Hart from performing for Showtime and (b) require him to perform his contract with HBO?

BREACH AND REMEDIES. (INJUNCTION vs. SPECIFIC PERFORMANCE)

Aubrey is a well-known magician who has performed at major venues around the United States.Aubrey entered into a written and signed contract with the Royal Theater in New York City to perform at their New Year's Eve Special on December 31.The Royal Theater spent thousands of dollars to advertise Aubrey's upcoming performance and sold out all of the tickets for the performance.

(a)On December 25, Aubrey lost her balance while snowboarding, slid down a mountain, was severely injured and had to be hospitalized.Since Aubrey is in the hospital, she will not be able to perform at their New Year's Eve Special on December 31.Is she liable to the Royal Theater for breach of contract?Explain fully.

(b)Instead of the facts in (a), assume that on December 25, Aubrey calls the manager of the Royal theater and tells her that she will not perform for them on December 31 because she received a better offer to perform at the Time's Square New Year's Eve Ball Drop on December 31.The Royal Theater immediately begins a law suit against Aubrey.Explain, separately, whether the Royal Theater will be able to:

(i) Obtain an injunction preventing Aubrey from performing at the Times Square New Year's Eve Ball Drop and collect money damages?

(ii) Obtain an order of specific performance that requires Aubrey to perform at the Royal Theater on December 31?Explain fully.

RESTRICTIVE COVENANTS. (NON-COMPETE CLAUSE)

Ad and Bookem, an accounting firm operating nationally over a long period of years, with branch offices in all major cities and coverage of all major industrial areas in the United States, acquired the entire practice and goodwill of Sub and Div., another accounting firm operating nationally, with branch offices in all major cities. The agreement contained a clause that said that the five major executives of Sub and Div., could not engage in the practice of accounting anywhere in the United States for three years.

(a) Is the non-compete clause enforceable? Explain.

(b) If the provision is enforceable, what remedies does Ad and Bookem have against the partners who breached the non-compete clause?

IRREVOCABLE OFFERS, ACCEPTANCE, REVOCATION

On February 1, Lucinda, a construction worker, sent a signed letter to Trent, a fireman, offering to sell Trent an XL18 Flamethrower (FYI - The XL18flamethroweris legal to own and easy to use with napalm.)

(a)In the letter, which included the price and included an accurate description of the flamethrower, Lucinda wrote: "I promise to keep this firm offer open to you for 30 days from today.(signed) Lucinda.Trent received the letter on February 4.On February 10, Lucinda decided she did not want to sell the flamethrower anymore.On that same day, Lucinda sent a letter to Trent informing him that the February 1 offer was no longer open.Trent received the letter on February 14.On February 25, Trent sent a letter to Lucinda saying, "I accept your offer of February 1."Lucinda received the letter on February 28.Lucinda refused to deliver the flamethrower to Trent.Trent sued Lucinda for breach of contract.

(a)Judgment for whom?Explain fully.

(b)Instead of the facts in (a), assume that on February 1, instead of sending a letter,Lucinda called Trent on the phone and offered to sell him

(c)flamethrower (providing a verbal description and price).Who wins?Explain fully.

On May 1, Serena, a furniture manufacturer, mailed to Bill, the owner of Bill's Furniture Outlet, a written and signed offer to sell twenty (20) leather couches for a total price of $20,000.On the morning of May 8, Tom, who is also in the furniture business, went to Serena's warehouse, saw the 20 leather couches and bought them from Serena for $25,000 in cash.

On May 8, at 1:00pm, Serena sent an email to Bill in which she notified Bill that she was revoking her May 1 offer because she had sold the couches.Bill received and read this email at 1:05pm.However, on May 6, Bill had mailed an acceptance letter to Serena.Serena received this letter on May 9.Bill claims there is a contract between them, Serena disputes Bill's claim.

Bill sues Serena for breach of contract.Judgment for whom?Explain fully.