Question
Sara has owned and operated Castaway's Marina in Marina Del Rey for several years. Castaway sells boats and provides dock space and winter boat storage
Sara has owned and operated Castaway's Marina in Marina Del Rey for several years. Castaway sells boats and provides dock space and winter boat storage to its customers. On August 1, 2020, Ben purchased Castaway's Marina from Sara. As part of the sale, Ben took over all of the existing contracts Sara had for the storage and docking of boats. Rita had a written contract with Sara to store her boat at the Marina over the winter and to rent a dock space at the Marina during the boating season. The contract was due to expire on March 31, 2021. When Rita went to the Marina on October 1, 2020, to arrange to have her boat removed from the water and placed into storage for the winter, she learned that the Marina had been sold. Ben told her that he would be willing to renew Rita's contract for dock space and storage for the period of April 1, 2021, through April 1, 2022, at the same price she had paid in 2020 if Rita would agree immediately. Ben said he was planning to double rents over the next few years, so Rita should lock in his low rate ASAP! Rita responded, "Wow, I heard prices for dock space are going up- but I didn't realize they would be doubling! I wouldn't be able to afford my boat if my rent was doubled! It sounds like a great deal! Thanks!" This was the last conversation that Rita had with Ben on the topic and they did not have any written document. Thereafter, on March 1, 2021, Rita notified Ben that she was moving her boat to another marina and had arranged to have her boat towed to the new marina. Ben demanded that Rita pay him for the dock space and storage for April 1, 2021- April 1, 2022, as they previously discussed, claiming that he and Rita had an enforceable contract. Rita refused to pay. What result? Identify and analyze all possible claims and defenses.
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