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23. Acme Anteeks offers to sell Marge Scavenger a squirting rose boutonniere whi

ID: 325234 • Letter: 2

Question

23. Acme Anteeks offers to sell Marge Scavenger a squirting rose boutonniere which George Washington wore to his Inaugural Ball, for $5,000, and Marge agrees. Before the transaction takes place, Acme gets another offer for $7,000, which it accepts, breaching the contract with Marge. Is Marge entitled to specific performance of the contract? a. No, because the best measure of damages in $7,000 minus $5,000 b. Yes, because the subject matter of the contract is unique, making dollar damages an insufficient remedy The following questions relate to the movie, A Civil Action that we watched and discussed in class. 24. In A Civil Action, the plaintiffs lawsuit (i.e., the lawsuit brought by the residents of Woburn, MA) can be described as: a. An environmental clean-up action. b. A tort action (e.g., negligence, wrongful death, etc.). c. A breach of contract action. d. A criminal prosecution. In A Civil Action, one of the defendants filed a motion based on Rule 11. The 25. defendant's Rule 11 motion was a motion to: a. dismiss the case. b. quash (i.e., block) the plaintiffs' discovery demands. c. disqualify the jury d. none of the above. 26. InA Civil Action, the fee agreement between the plaintiffs and the law firm representing the plaintiffs can best be described as: a. hourly (i.e., the plaintiffs were required to pay the law firm irrespective of the outcome of the case). b. pro bono (i.e., the law firm agreed to provide the services for free irrespective of the outcome of the case). c. contingency fee. d. none of the above.

Explanation / Answer

Answer 23 -

b-Yes, because the subject matter of the contract is unique, making dollar damages and insufficient remedy.

Answer 24-

b-A tort action (e.g. Negligence, wrongful death, etc)

Answer 25-

d-None of the above

Answer 26-

c-Contingent fee

Answer 27-

d-Part of the plantiffs' Discovery

Answer 29

The judge dismissed the case

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