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WRITING ASSIGNMENT Papers should be 3-4 pages in length, 12-point font, double spaced, with reasonable margins. Do not restate the questions in your paper. You
WRITING ASSIGNMENT Papers should be 3-4 pages in length, 12-point font, double spaced, with reasonable margins. Do not restate the questions in your paper. You should (a) identify the relevant issues, (b) determine the applicable rules and principles from the text, (c) analyze how the rules and principles specifically apply to the given set of facts, and (d) state a concise and well-reasoned conclusion that logically follows from your analysis. END OF A NATION Charlotte has purchased the movie rights to the book, End of a Nation. The book is about the history of the Apache nation in the United States, with an emphasis on a particular military trial of an Apache chief during the 1800s. Pursuant to a written agreement, she has paid the author, Seth O'Malley, US$500,000 for the rights. Charlotte is thrilled when famous actor James Cool agrees to take the leading role of the military officer assigned to defend the chief. She signs an agreement with Cool, in which he is to be paid US$3,000,000 for the role, and pays him the "advance nonrefundable deposit" of US$800,000 set forth in the written contract for his services. There is a provision in the agreement stating that if Cool breaches the contract, he will owe liquidated damages of US$50,000. Charlotte is not happy with the contract terms, but is so pleased to have Cool under contract that she goes ahead and signs the agreement. In order to have the proper outdoor scenes in the film, Charlotte enters a written agreement to buy some property in South Dakota from owner Robert Jones. Jones owns two virtually identical pieces of property (the northern property and the southern property) that are located next to each other. Charlotte buys the northern property for US$50,000 and passes on the southern property. During the next several months, Charlotte retains the services of various technicians, cinematographers, and scriptwriters. However, one month before shooting is scheduled to begin, several things happen. Even though there is no written condition in his contract with Charlotte, author Seth O'Malley claims that his agreement to accept US$500,000 was based on his condition that no known actors would appear in the film; he claims that, if he had known that James Cool was going to be in the movie, he would have demanded US$1,000,000. O'Malley refuses to allow Charlotte the rights to his book. Property owner Jones refuses to turn over the northern property to Charlotte, but states that he is willing to turn over to her the southern property, which he claims is "identical anyway." James Cool claims that he does not like the way the script turns out and withdraws from the project. On the one positive note, another famous actor, Avery Awesome, contacts Charlotte and agrees to charge US$500,000 to play the part that Cool was going to play because he believes "the story has something important to say."Please comment on the hallowing questions and integrate the text readings into your answers: 1. In a lawsuit for bmeh of contract against author O'Malley. will Charlotte prevail? Ifso, to what types of damages do you believe she would be entitled? Why? Do you believe O'Malley should prevail based on his claimed \"condition\"? Why or why not? 2. When Charlotte sues James Cool, Cool's lawyer claims that the $501130 in liquidated damages is the limit recoverable by Charlotte. What could Charlotte argue against enforcement of the liquidated damages provision? . Charlotte sues property owner Jones but does not seek money damages. Instead. she seeks an order from the court requiring lanes to sell her the specic piece of propertythe northern propertyin the contract. Jones' lawyer argues that the northern and southern pieces of property are virtually identical. so Charlotte has no real damage if she simply accepts the soutth property: Who should prevail? Why? . Assume that the liquidated damages provision in Cool's contract is ruled invalid. Charlotte tells her lawyer that she should \"at least\" get back the US$830,000 retainer and \"probably more.'lf she does not get that. she wants to sue for specic performance requiring Cool to go through with the deal. Cool's lawyer argues that Charlotte has no damages at all because of Avery Awesome's agreement to act in the lm; he argues that Awesome's name may achially bring in more money than Cool's. To which of these remedies is Charlotte entitled
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