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Question 1. Carol hired Ben to represent her in her contract suit against Abe. Pursuant to Ben's written agreement to provide legal services to Carol,

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Question 1. Carol hired Ben to represent her in her contract suit against Abe. Pursuant to Ben's written agreement to provide legal services to Carol, he was to receive a fixed fee of $5,000 plus 50% of any amount recovered in excess of $100,000. Ben had performed substantial work on the case, and incurred some $200 worth of photocopying costs, before Carol discharged him without cause. Ben estimates that, based on his hourly rate, he had done about $12,000 worth of work on the case. Carol paid him nothing. Carol replaced Ben with Debra, who billed $1,300 worth of work on the case and recovered $120,000 in settlement from Abe. Upon hearing of Debra's success, Ben got so upset that he missed a day of work--a day when Elmer, an important client, happened to call with an emergency problem. Because Ben was not available, Elmer paid a competing law firm $30,000 to resolve his problem. The result so pleased Elmer that he decided to transfer all of his legal business from Ben to the competing firm, a loss that Ben estimates at $580,000. Ben sues Carol for breach of contract. Discuss the issues raised, the arguments for both parties and the applicable law. State your conclusions and the reasons therefore

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