Question
Duke is going to take his wife on a weekend adventure to celebrate their anniversary. He wants to make things extra special, so he decides
Duke is going to take his wife on a weekend adventure to celebrate their anniversary. He wants to make things extra special, so he decides to rent a luxury car - a Mustang convertible. (He and his wife met at the Auto Show, where they bonded over their love for the Mustang.) He and his wife have always talked about how much fun it would be to take a road trip in a Mustang convertible, and he was determined to give her that experience.
Duke makes arrangements with Hogtown Rentals to rent the Mustang convertible. For clarity, yes, Duke and Hogtown Rentals form a contract. The contract specifies that Duke has agreed to rent a "Mustang convertible". No substitutions are permitted under the terms of the contract.
When Duke arrives at Hogtown Rentals to pick up the Mustang convertible, he is told that there aren't any Mustang convertibles available for him. Hogtown Rentals over-booked and there weren't any convertibles left. However, the cheerful manager at Hogtown Rentals tells Duke that they do have a gorgeous Ford Mustang GT available for him.
Duke is very upset. His contract with Hogtown Rentals clearly states that he is entitled to a Ford Mustang Convertible. The Mustang GT is not a convertible. Duke wants to know if he can walk away from the contract at this point.
What remedy or remedies does Duke have at this point? Explain your answer, taking care to address whether or not Duke can walk away. Remember: providereasons,not just conclusions.
In particular, answer the following questions.
What remedy or remedies in contract law does Duke have in this case? (1)
Explain your answer by setting out your reasons: state the legal principles/rules that are relevant to this matter (2.5) and then show how these principles apply to these facts (2.5).
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