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III. On November 15, Pat entered into a written and signed contract with Kendall, in which Kendall agreed to purchase a small Picasso etching from

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III. On November 15, Pat entered into a written and signed contract with Kendall, in which Kendall agreed to purchase a small Picasso etching from Pat for $600,000. Kendall made a 10% down payment of $60,000 when he signed the contract. The sales contract provided that Kendall would pay the balance of the purchase price, or $540,000, when Pat delivered the painting on December 20. (a) On December 1, Pat advised Kendall that she does not intend to go through with the contract because she has accepted a better offer from Noel. Kendall insists that Pat complete her contractual obligations. If Kendall sues Pat for breach of contract, what remedies may Kendall seek? Explain fully (b) Instead of the facts in part (a), assume that on December 1, Kendall advises Pat that he no longer wants the painting and that he will not proceed with the purchase. The sales contract provided that if Kendall does not perform the contract, Pat is entitled to keep the $60,000 down payment. What factors might a court consider in deciding whether this contractual provision is enforceable and will allow Pat to keep the $60,000? Explain fully

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