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Potential Causes of Action for Breach of Contract and Specific Performance Assignment
Potential Causes of Action for Breach of Contract and Specific Performance Paper
During contractual agreements, the involved parties enter into a legally binding arrangement, which requires each party to fulfil their part. In such arrangements, a consideration is critical as involves the promise made by a given party to supply the goods or services offered in order to receive a benefit, often money, in return (Poole, 2016). A contract can only be said to be complete after the elements of the offer, the willingness to establish legal relations, acceptance of the offer, and the valuable benefit or consideration have been fulfilled (Poole, 2016). Acceptance is a highly significant part of a contract, given that the acceptance of an offer sets the contract in motion. Acceptance of the offer means that the buying party will comply with the terms of the offer (Andrews, 2015). There is a contract between Cassie and Pearl, with Cassie providing the offer and Perl accepting the offer after a process of bidding, in which she placed the highest bid of $8,500 and the counterparty conceded. This contractual arrangement is binding, with each party being legally bound to honour their part.
An offer cannot be revoked after it has been accepted (Andrews, 2015). Thus, Cassie is bound to supply the giraffe print dress to Pearl. Cassie’s use of deception to turn down Pearl’s offer is a breach of contract under contract law, one that provides Pearl with legal grounds for suing the former. It is evident that both Pearl and Jade were given an equal chance to bid for and purchase the dress. Cassie had the opportunity to accept the money offered by Jade at the time of the purchase, but she extended the offer to the highest bidder, Pearl, which she accepted. Pearl could decide to sue for general damages, given the suffering that Cassie’s actions, involving revoking of her offer to Pearl, cost her emotionally and mentally. However, it may be difficult to quantify such suffering to establish a monetary figure that needs to be paid to Pearl. In addition, there is no other dress that is exactly as the dress in question that Pearl could use any paid damages to purchase.........................GET A PLAGIARISM FREE COPY