BBA3210 Columbia Southern University Contract Remedies Case Analysis

by | Mar 13, 2023 | Business Finance

Description

Case Analysis

Determine whether certaincontract remedies exist in the following scenario:

Forrest Gump is a famoustable tennis player. He enters into a contract with Alabama Sports Marketing toadvertise the latest ping pong game and to serve as the computer-generatedimagery (CGI) model for the development of the video game. Gump is perfect forthis job as there are not many world famous ping pong players who have afollowing similar to his. The game is set to start development on March 1 andwill be completed on July 31, so the game can be released at Thanksgiving—amajor video game release period. Both parties have agreed and stipulated to thefact that the game must be completed on time to maximize the profits.

Gump will make 20% ofthe net proceeds from the sales of the game. In addition, the contract has aliquidated damages clause that indicates that if Gump does not participate inthe marketing, does not serve as the CGI model, or breaches the contract in anyway, he will owe Alabama Sports Marketing $2 million.

Based on this factpattern and the information presented in this unit, answer the followingquestions in a minimum of 250 words each.

1. One day, Gump getsinto an argument with the developer. Gump refuses to perform any work until theproblem is solved. In this situation, can Alabama Sports Marketing seekspecific performance of the contract? If yes, why? If no, why not?

2. How would the courtdetermine whether the liquidated damages clause is valid? Is this clause valid?Explain your answers.

Cite any direct quotes orparaphrased material from outside sources. Use APA format.

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