Breach of Contracts and Remedies
Lunch Trucks, Inc., contracts to deliver and serve Meals Catering Service’s products to its clients for $5,000 per event, payable in ad¬vance. Meals Catering pays the money, but Lunch Trucks fails to perform. Can Meals Catering rescind the contract? Can Meals Catering also obtain restitution? What does it mean to “rescind” a contract? How is a contract rescinded? What is restitution? How is restitution accom¬plished? Explain.
Medical Eye Clinic Corporation enters into a contract with local musician Natalie, who agrees to perform for a meeting of Medical Eye’s personnel to be held in its main office building. Before the date of the meeting, Natalie refuses to perform, citing a higher-paying gig. Meanwhile, Medical Eye contracts to sell the building to Optical Center, Inc., but before the transaction is complete, Perfect Vision Company offers to pay a higher price. Medical Eye re¬fuses to transfer the building to Optical Center. In separate suits by Medical Eye against Natalie and by Optical Center against Medical Eye, each plaintiff seeks specific performance. How might the court rule in each case, and why?
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