Part 1

On an island far, far away there is a beach. On that beach there are millions of small, perfectly round pebbles made of the brightest granite, quartz and rare elements in the world. Roberto, a very wealthy merchant, travelled to this island with his partner for a vacation in January and was fascinated by the beauty of the pebbles that he found for miles along the beach. Roberto loved the pebbles so much that he hired a couple of people to gather 3 large bags of them for him to take home to Vancouver, British Columbia.

Once home, Roberto spoke with an artist, Aimee, who was known for finding stones along the seashore near Vancouver and tumbling them in her special stone-tumbling machine until they were so polished that they looked like fine jewels. After several days of negotiations, Roberto entered a contract with Aimee whereby Aimee agreed to tumble the pebbles Roberto brought home from his island vacation and Roberto would pay her $1,000.

Roberto had a plan.

Roberto wanted to sell these rare pebbles from the island to a jeweller in Toronto, who would make them into gorgeous rings and pendants. Once they were tumbled and polished by Aimee, Roberto could sell these unique stones for many times more than the mere $1,000 he would pay Aimee to polish them with her stone-tumbling machine. In fact, unknown to Aimee, Roberto had entered a contract with a fine jewellery shop in Toronto whereby the owner of the shop agreed to pay Roberto $5,000 for the polished stones. The jeweller knew of the island from which the stones came and thought his customers would really love the unique jewellery he would craft with them.

When Roberto went to Aimee's house to pick up the polished stones, he was very disappointed. Aimee had only polished about of the stones Roberto had given her. Roberto was not happy; he had an agreement with the jeweller for a certain amount of stones, and what Aimee had prepared was not enough. The jeweller agreed to discharge Roberto from his agreement. Roberto had lost his profits of $4,000. He sued Aimee for his lost profits.

In the meantime, Aimee has just learned that Roberto has been approached by a jeweller in Montreal who offered Roberto $4,000 for the stones that Aimee had polished. Roberto would have made $3,000 profit. Roberto chose not to enter the contract with that Montreal jeweller and decided just to sue Aimee.

REQUIRED: Provide 3 different arguments, based on legal principles or rules that we have covered in class, that Aimee should not have to pay the full $4,000 in damages.

Be sure to clearly name and describe the principle in contract law that is the basis for each argument and apply it to the facts in the scenario.

In your answer, please refer to a case that supports Aimee's position.

Part 2 Change of Facts

Roberto, a jeweler, enters a contract with Aimee to polish all the pebbles he has brought home from his travels. Aimee does polish all of the pebbles and they are stunning! The rare metals in the stones had been so thoroughly polished that they sparkled like purple diamonds! These stones would make jewelry that everyone would admire. This is exactly what Roberto had wanted because they were each a "one of a kind" type of stone from a special island thousands of miles away.

REQUIRED: If Aimee ends up breaching her contract with Roberto, what remedy, or remedies, may be available to Roberto in this case? Be sure to describe the remedy and then apply it to the scenario. (2 marks)

Part 3 Change of Facts

Aimee is an 82-year-old artisan with a world renown collection of stones and gems that she has created. Last year, one of Aimee's polished stones from a river in Alberta was sold for $2,000.

Aimee is struggling to keep up with so many things lately. Even remembering to fix herself a meal is getting to be too much. She finds she is forgetting to pay her bills or even turn off her stove from time to time.

Roberto knows Aimee's work is very valuable. Indeed, his knowledge of her skill was the reason he asked her to work with his collection of pebbles he had brought home from his holiday.

As her trusted psychiatrist, Roberto is also aware of Aimee's declining cognitive capacity.

Roberto entered a contract with Aimee to polish 25 pounds of pebbles from the island for $1000 and the contract states that they are to be done by December 10, 2022. Roberto told Aimee about the jeweler in Toronto that was going to buy them from him.

When Roberto went to pick up the polished stones from Aimee, he was very upset. Aimee had only polished about 12 pounds of stones. The jeweler cancelled its contract with Roberto, and he lost his profits he would have made from that contract. Roberto sued Aimee for breach of contract with a claim for those lost profits.

REQUIRED: Does Aimee have any way of avoiding liability for failing to polish the 25 pounds of stones on time and in accordance with the terms of the contract? In your answer, identify and apply 2 relevant doctrines and their features that we discussed in class. In your answer, be sure to refer to a relevant case

PLEASE KNOW THAT IN PART 1 ROBERTO DIDENT GAVE A DATE FOR WHEN HE NEEDS THE STONES