Sparky Marky, a consumer, buys 50 boxes of common fire crackers from Boom Boom B

Question

Sparky Marky, a consumer, buys 50 boxes of common fire crackers from Boom Boom Bob for $350.00. Sparky gives Boom Boom a check, but Boom Boom fails to give Sparky the firecrackers. Sparky sues Boom Boom for breach of contract. Boom Boom agrees to give him back the $350.00 and any court costs before they see the judge. Sparky refuses, stating he wants the firecrackers.

What kind of legal relief is Sparky asking for by demanding the firecrackers, instead of his money back?

Will he succeed in forcing Boom Boom to produce the firecrackers?

State the issue, rule, analysis and conclusion.

Explanation / Answer

1) What kind of legal relief is Sparky asking for by demanding the firecrackers, instead of his money back?

Answer: In this scenario, Sparky who is the buyer or lessee is asking for a legal relief. The type of legal relief that Sparky is asking for is specific performance, which is following what the contract outlines. The specific performance is an equitable remedy that requires an exact performance that was specified in the terms of contract

2) Will he succeed in forcing Boom Boom to produce the firecrackers?

Answer: In my opinion Sparky Marky will probably not succeed in forcing Boom Boom Bob to provide the firecrackers. The reason is that specific performance is not granted unless there are inadequate monetary damages and in this scenario firecrackers boxes are common which can be easily located by Sparky Marky. Thus there is a high probability that Sparky Marky will not succeed

3) State the issue, rule, analysis and conclusion.

Answer:

Boom Boom Bob failed to provide the firecrackers to Sparky Marky after receiving the payment was made, thus there was a breach of contract. When he offers to retuen the money back to Sparky Marky and takes care of the legal costs, Sparky Marky still demands the firecrackers instead of accepting back the payment. The rule states three remedies - mitigation of damages, rescission and restitution, and specific performance. However Sparky wants the product because of specific performance. Sparky can sue Boom Boom Bob for the breach of contract, but there is a high probability that Sparky Marky will not succeed as specific performance is not granted unless there is inadequate monetary damages.

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