Ruby was the owner and chef of a well-known restaurant in Manhattan called "Ruby's Place." On February 1, Ruby sold her restaurant to Gina for $200,000. The contract stated that Gina would continue to operate the restaurant under the name "Ruby's Place." The contract further stated that Ruby would not open a competing restaurant (1) within the borough of Manhattan for four years and (2) anywhere within the state of New York for two years. On July 1, Gina discovered that Ruby had opened two new restaurants. One of the restaurants is located only three blocks away from "Ruby's Place." The second restaurant is located 300 miles away from Manhattan in Lake Mina, New York.

(a)What rights, if any, does Gina have against Ruby?

(b)Separately discuss Gina's rights regarding the Manhattan restaurant and the Lake Mina Restaurant.

Bobsy the Human Pretzel, a world-famous contortionist, entered into a contract on December 1, 2018 to perform at the Omaha State Fair during the month of January, 2019. Alan, the organizer of the fair, advertised that Bobsy would be performing and received purchases for many tickets to the Omaha State Fair in advance. In December 10, 2018, Noland, the owner and director of the "Museum of the Strange and Unusual," knew of Bobsy's contract with Alan, and offered Bobsy more money and a private jet, among other things, to convince Bobsy to perform at his museum in January, 2019 instead of performing at the Omaha State Fair. On December 15, 2018, Bobsy contacted Alan and told him that he would not be performing at the State Fair but would be performing at the "Museum of the Strange and Unusual" instead. After Alan found out this information, he filed suit against Bobsy.

(a)If Alan sued Bobsy, demanding specific performance of the contract, who wins? Explain fully.

(b) If Alan sought an injunction against Bobsy to stop him from performing at the Museum of the Strange and Unusual, who wins? Explain fully.

(c) If Alan sued Bobsy for breach of contract and demands damages, what damages if any, may Alan recover?

(d) After Bobsy sorts out the legal issues with the Omaha State Fair, he signs a contract with the Museum of the Strange and Unusual to perform in April, 2019. While in the shower, Bobsy decides to prepare for the show by performing the very basic contortionist move, "back bend ending in pretzel.' He slips and breaks one of his legs and severely injures his back. (side note: a contortionist is an entertainer who twists and bends their body into strange and unnatural positions.) After being stabilized in the hospital, Bobsy immediately contacts Noland and tells him what happened. Noland tells Bobsy, "Sorry to hear that, its going to be very hard for you to perform with those injuries. Can't wait to see you pull it off!" When Bobsy refuses to abide by the contract, Noland sues Bobsy for breach of contract, judgment for whom? Explain fully.

Xena is a distributor of air conditioners, operating under the trade name of Kool R.U. Xena supplies conditioners to retailers mostly during the Spring.On July 1, Xena stumbled across three air conditioners she wished to sell so she sent the following memo to Electra, a business which uses this type of air conditioner.

July 3, 2018

I have three air conditioners remaining in this year's supply. I will sell them to you for $2,000 each if you want them. Think it over. I will hold this offer open for you for 30 days.

Signed X

On July 27, a representative of Sullivan Corporation came to Xena's facility and asked if Xena had any air conditioners. Xena said; "yes". The representative then offered to purchase the three air remaining air conditioners at a price better than the price offered to Electra. Xena agreed to the sale to Sullivan.

(a)On July 28, Xena informed Electra of the sale.That same day, Electra sent a letter by Fed-Ex overnight mail accepting Xena's offer and demanding delivery of the air conditioners.When Xena responds that she already sold them, Electra brings suit.Who wins?Explain fully.

(b)Would your answer to (a) be different if Xena did not notify Electra of the sale?Explain fully.

Carol told her friend Deanna that she planned to sell her car to Deanna's boyfriend Carl.During lunch, and before Carol had a chance to tell Carl about the offer, Deanna saw Bob, her attorney, and told him about the fact that Carol was interested in selling her car.Bobpromptly sent an acceptance to Carol.What was the effect of this acceptance?

a.No contract was formed because the offer was not communicated to the intended offeree

b.No contract was formed because the offer was not communicated to Deanna.

c.A contract was formed because Bob was Deanna's agent.

d.A contract was formed because Carol intended to make an offer to Carl and Deanna learned of the offer in time to tell Bob so that he could make a valid acceptance.