Reference no: EM132114798

Discussion Topic: The Impact of the UETA

Throughout this course, many discussion opportunities come up where you need to respond to other people's opinions and comments. Then, respond to your Discussion topic after you have completed your Reading.

Candie, CARDWARE's model, advertised a one-of-a-kind black and white llama sweater that had an iPod slot on the inside left panel. The ad was placed online and read as follows:

FOR SALE:

One-of-a-kind black and white llama sweater as modeled by Candie Cardware. Worn only once in Barcelona's Fashionista Extravaganza Fashion Show.

For some reason, the word "slot" that was to follow the word iPod and was cut off of the ad. Delilah saw the ad and thought, "Wow what a bargain!

A one-of-a-kind Candie Cardware sweater and an iPod for $450 is something that cannot be beat." Delilah immediately emailed her reply to Candie as follows: "What a great buy! I'll take it.

Please make sure the iPod is securely wrapped. Let's meet so I can give you the amount of purchase in cash." [Signed Delilah] Candie replied to Delilah, "I'm sorry there is no iPod with the sweater. It was supposed to be iPod slot." [Signed Candie]

Research whether or not there was a contract and

1. Discuss the UETA provisions concerning the meaning and records of signatures.

2. Discuss whether the above facts place the issue within the jurisdiction of the UETA

Assignment - Analyze the remedies for Breach of Contract

Candie Cardigan as a representative for CARDWARE has decided to auction her strapless giraffe print dress made of silk, satin with velvet markings.

This particular dress was used in a movie filmed in S. Africa. The dress had been show cased among other famous dresses in the Silkadonia Actors Guild Museum. Cassie Cardigan was chosen to act as the auctioneer for World Wide Auction House.

The bidding for the dress began at $5,000. Pearl has been looking forward to participating in the auction for this dress for over three months. Pearl raised her auction paddle and bid the initial $5,000. Jade also wanted the giraffe print dress and upped the ante to $5,500. The two battled the bidding to where it appeared that Pearl got the dress for $8,500.00, as Cassie smiled and nodded at Pearl.

Candie and Jade had been friends for years, as they had modeled together growing up as children. Candie quietly told Cassie to sell the dress to Jade.

When Pearl presented $8,500 to Cassie, Cassie refused to take her money claiming that the dress was to go to Jade. Cassie further explained that Jade had allegedly had raised her paddle after Pearl's final bid and showed five fingers meaning that she was bidding $500.00 more over the $8,500.00 bid made by Pearl. In reality, no such action by Jade had taken place.

Pearl now wants to sue for breach of contract. She has come to your office asking for your help. She wants you to request that Candie turn the dress over to her for the $8,500 that she bid.

Your supervising attorney Les Agne indicates that you should investigate a cause of action for breach of contract, as well as a cause of action based on specific performance.

Be aware of whom the true Plaintiff may be in this potential case and who causes of action may be brought against. Also, Les has scribbled the following notes to help you with organizing your thoughts regarding Specific Performance.

Dear Paralegal:

After you establish a contract exists as a result of the auctioning of the giraffe print dress, you may want to consider the following with regard to specific performance:

• You must have a contract in place

• The remedy at law must not be adequate (hence damages alone will not provide relief to the party who is seeking specific performance.

• The remedy must be enforceable

• If one party can bring the action for specific performance, so can the other if the positions were reversed.

• If there were any conditions to the contract, all were.

Be sure to discuss defenses with regard to the contract. In other words, what will Candie or the Auction House say in response to there being a contract?

Assignment Instructions:

Please write me a memorandum in the following format:

Date:

To: Les Agne, Attorney at law

From: [Your Name]

Re: Potential Causes of Action for Breach of Contract and Specific Performance

Organize your memorandum with an introduction, body, and conclusion.

Note: Your memorandum length of 2-3 pages is separate from the cover sheet and reference page.

Avoid the use of first person.

Provide in-text citations. If a reference is listed in your reference page, make sure it is displayed within your submission where you retrieved information from.

Double space throughout your submission, including throughout your reference page. Note: This includes between your references.

Your reference page should be separate from the body of your submission.

Use Times New Roman size 12 font.