Breach Of Contract Analysis

Assume that the Farsay-Camelot contract described above contains a provision stating that Farsay must pay Camelot $* million if she cannot appear in the movie – regardless of the reason. Further, assume that Camelot contacts Hester Prine, an actor Camelot thought had retired. Prine is an even better villain than Farsay – and Prine is willing to appear in the movie for half of Farsay’s fee of $* million. What possible claims might each side make? Explain and analyze.

Titan LLC and Ombert Granson enter into negotiations for Granson to write a novel for Titan to publish. During the negotiations it becomes clear that Titan believes that Granson won the Booker Prize in England ten years ago. It was actually Granson’s father who won the prize, they share a name and, coincidentally, a birth date. But the father is twenty years older and no longer writing. Titan learns of the situation only after paying Granson the advance of $* million. What possible claim might Titan make? How might Granson respond? Explain and analyze.

Wanty is a social media marketing genius. Wanty, unfortunately, is living a wild life and is completely disorganized. Wanty is in discussions with Dagger LLP to produce an underground advertising campaign for Dagger’s line of undergarments. Wanty and Dagger’s owner, Jaytee, trade phone calls every couple of days, usually in the middle of the night or the early morning. Wanty suggests that $*,* would be a fair fee. Jaytee, barely awake for these calls, thinks that amount might make sense, but paid out in $*,* per month increments with an option for Dagger to cancel anytime. Jaytee says, “You should get started! This will be lit!” Wanty and Jaytee never seem to reach a definitive conclusion. Wanty does, however, start the underground marketing campaign. Jaytee promises payment, but two months go by without any action. Wanty contacts you for a legal opinion of the situation. What is your assessment? Explain and analyze.

Konrad Fabricants (KF) and Lab Loyal (LL) enter into a long-term contract for the production of medical devices – specifically, artificial joints for hips and knees. The deal goes well for several years, with KF producing the artificial joints and LL selling them to hospitals for use in surgeries. The KF-LL contract requires KF to sell LL all the artificial joints it can produce. Relations between the companies sour a little during *. Several times during the year, LL pays KF’s invoices late. Each time it’s just a day or two. But KF’s Financial Officer always stays right on top of invoicing and ends up spending several hours on the phone with their counterpart at LL to resolve each of these situations. A) As KF’s General Counsel, how might you describe this situation? What claim could KF make? How might LL respond? Explain and analyze.

During *, things take a turn for the worse, however. LL learns that KF has devoted part of its production facility to the manufacture of artificial organs rather than joints. This transition has meant that the quantity of artificial joints supplied to LL remained flat during *, rather than increasing. KF contends that it supplied the same number of joints in * as in *. As LL’s General Counsel, how might you describe this situation? What claim(s) could LL make? How might KF respond? Explain and analyze.