Question
Robert and Jackie Smith, of Michigan, were throwing a birthday party for their 6 year old son, James. The Smith's were very excited. James had
Robert and Jackie Smith, of Michigan, were throwing a birthday party for their 6 year old son, James. The Smith's were very excited. James had suffered through some very serious illnesses, and the Smith's were very thankful that they were able to celebrate another birthday with James.The Smith's had contracted with Ted Swan (who goes by the name of "Ted the Clown") for Ted to entertain the children invited to the birthday party. The invitations had been sent out announcing that Ted the Clown was going to be the featured attraction at the party. Three days before the party, Ted called and told the Smiths that he had accidently double-booked himself, and would not be attending the party.The Smith's were to have paid Ted $300 pursuant to their contract with Ted (drafted by Ted). After a sleepless night, and having taken a day off of work to try to find a replacement, the Smiths found Mike the Clown who agreed to perform at the party for the amount of $500. The Smith's likely can bring a successful cause of action against Ted Swan under Michigan law for:
A: $500. B: Non-Economic Damages. C: $200.
D: Punitive damages because a child is involved.
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