Jake and Vicki have been dating for 5 years and are planning on getting married. They recently went ring shopping together. Vicki picked out a 5 carat princess cut Cartier platinum engagement ring and a matching wedding band. Jake wrote a check for $30,000 ($25,000 for the engagement ring and $5,000 for the wedding band) and handed it to the salesman. The store did not have Vicki's size in stock so they were informed they could pick up the rings in two weeks. Although Vicki picked out her rings, Jake wanted to surprise her with a few other gifts when he formally popped the question to her. Jake commissioned Vicki's favorite artist, Vincento, to paint a picture of Vicki and her beloved dog sweetie bear. Jake paid Vincento $10,000 for the portrait. Jake also ordered a 4 ounce jar of Vicki's favorite Russian caviar and a bottle of French champagne from Beverly Hills Gourmet, an online store. The cost of the caviar was $500 and the champagne was $200. Two weeks passed and Jake picked up the rings. He also went to Vincento's studio the same day to pick up the portrait. When he arrived, Vincento told him that the painting of Vicki and sweetie bear was his best work and he could not sell it because he decided to donate it to a museum. Vincento apologized to Jake and told him he will give him a full refund and tried to hand him $10,000 in cash. Jake, furious with Vincento, refused to accept the money and screamed, "I don't want the money, I want the painting!" The caviar and champagne were scheduled to be delivered that evening, however only the champagne arrived. It turned out Beverly Hills Gourmet never had the caviar in stock. Although Jake did not have the painting or caviar, he decided to still go ahead with his plan to ask Vicki to marry him. Later that night he presented Vicki with the engagement ring and said, "I love you with all my heart, please be my wife." He opened the bottle of champagne and poured a glass, but quickly discovered it was flat and had no bubbles. Vicki, disappointed in the lack luster proposal, replied, "Geez Jake, is this the best you could do? No, I don't think I can marry you. However, I'm keeping the ring because I picked it out, therefore it's mine, plus I deserve it for putting up with you for so many years." Jake, heartbroken, replied, "Sure baby, I love you and want you to be happy, just keep it." Jake blamed Vicki's rejection on Vincento and Beverly Hills Gourmet and decided to sue them.

Can Jake sue Vincento for breach of contract? What monetary (i.e. compensatory, consequential, nominal) or equitable remedies are available to him? Can he sue for specific performance and force Vincento to give him the painting? Can he get an injunction to prevent the museum from displaying it? What type of breach did Beverly Hills Gourmet commit (i.e. minor, material)? What kind of damages and how much can he recover from them? What if Jake changes his mind about letting Vicki keep the ring and decides to sue her, do you think the court would order her to return it to him? Can Jake sue Vincento, Beverly Hills Gourmet, or Vicki for pain and suffering, emotional distress, or punitive damages? Why or why not?