The Case

A trusted and wealthy family friend named Adan said to a Sacramento City College (SCC) student named Marcos:

"If you are accepted into my alma mater, UC Berkeley, as a transfer student from SCC, I will give you $10,000 a year for two years provided you enroll in and successfully complete least 12 units every semester upon transferring."

Excited by this proposition, Marcos responded by saying "It's a deal!" After achieving a 3.5 overall GPA, Marcos applied and got accepted into six schools during his final semester at SCC. As he carefully considered his options, he came to a decision between two schools, including UC Berkeley. While both schools are highly ranked for his chosen academic program, cost was the biggest factor. UC Berkeley was a bit more expensive; however, the $10,000 from Adan made it a clearer choice because Marcos would be reducing the amount of student loans he would need take out as a result.

Sadly, a week before the start of Marcos' first semester at UC Berkeley, for whatever reason, Adan contacts him to inform him that he will not be giving him the funds after all.

1.Is the promise enforceable in this case? Please explain. (20 points)

Provide your response here:

2.Briefly 1) define each element of enforceable contracts listed below and 2) explain whether or not each apply to the case. (15 points)

Provide your responses here:

1.Capacity:

2.Mutual Assent:

3.Legality:

4.Sufficient Consideration:

5.Written:

3.Suppose there was a breach of contract in this case. Which remedy or remedies (from the list below) might the court award and WHY? (15 points)

Provide a brief definition for each contract breach remedy before providing your response in the last textbox below:

Compensatory Damages:

Liquidation Damages:

Consequential Damages:

Nominal Damages:

Punitive Damages:

Rescission and Restitution:

Specific Relief (Specific Performance):

Preventative Relief:

Reformation:

Mitigation:

Provide your responses here: