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Cleo, a local business owner, has been very stressed out so she decides to advertise and sell her bookstore business and travel. Alan, a regular
Cleo, a local business owner, has been very stressed out so she decides to advertise and
sell her bookstore business and travel.
Alan, a regular customer of the bookstore, was familiar with the bookstore and always
had dreams of owning and operating the business. Alan sends Cleo a detailed offer to
buy the bookstore for $ with $ being paid as a down payment in cash, and
the other $ to be paid within months of the closing date of the transaction.
Cleo sends Alan an email response: "The total price seems fine, except I need more cash
upfront to travel at least $ Tell me how much you can pay upfront." Alan
responds to the email: "I don't have that much money right now, there is no way I can pay
that much cash".
After researching travel costs, Cleo decides that $ is probably enough as a down
payment and sends Alan an email: "After doing some research on travel costs, I have
decided to accept your offer". When Alan read the email, he began to rethink buying the
business and got cold feet on the transaction. He really just enjoyed going there to talk to
the regulars and loiter once a potential reality, Alan starts to believe owning a business
sounds like too much work. Accordingly, Alan tells Cleo that she refused his offer so there
was no deal to accept.
Question:
Assume that Cleo successfully recovers the bookstore from Alan.
Invigorated from her travels, Cleo is determined to make the bookstore a success once
again. Cleo decides to plan a New Launch Party on April which is the same day the
much anticipated and in demand book, "Eat, Pray, Recover", will be released in stores
nationwide.
On March Cleo orders copies of the book from Rainforest Books for $ each. Cleo
expects to sell all the books during the New Launch Party for $ each. On March
Cleo gets a call from Rainforest Books, who advises that only copies can be delivered
by April Cleo calls around and can order books from another supplier, but it will
cost her $ a copy.
Required:
Discuss what steps Cleo should be considering, and the type of damages she could
expect to be awarded. Explain how those damages may be calculated. Be certain to
explain the applicable legal principles as part of your answer.
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