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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.

Keep all font color consistent throughout. If a blue hyperlink appears, remove it by hovering over it                   and right click. A vertical dropdown menu will appear. Click on Remove                     Hyperlink.

Avoid the use of first person.

 

In addition to fulfilling the specifics of the assignment, a successful paper must also meet the                   following criteria:     

  • Include a cover page and references page in 10 – 12 point font (Arial, Courier, and Times New                     Roman are acceptable)
  • Viewpoint and purpose should be clearly established and sustained
  • Assignment should follow the conventions of Standard English (correct grammar, punctuation, etc.)                   
  • Writing should be well ordered, logical and unified, as well as original and insightful
  • Your work should display superior content, organization, style, and mechanics
  • Appropriate citation style should be followed

You should also make sure to:

  • Include a title page with full name, class name, section number, and date
  • Include an introductory and concluding paragraph and demonstrate college-level communication                     through the composition of original materials in Standard English
  • Use examples to support your discussion
  • Cite all sources on a separate reference page at the end of your paper and cite within the body of                     your paper using APA format and citation style. For more information on APA guidelines, visit                     Academic Tools.

Directions for Submitting Your Assignment

Compose your assignment and save it in the following format: Course#_LastnameFirstname Unit #                   Assignment (example: LS413_SmithJohn Unit X Assignment). Submit your assignment to the appropriate                   Assignment Dropbox by the end of this Unit.