4, Racicky was in the process of buying 320 acres of ranchland. While that sale

Question

4, Racicky was in the process of buying 320 acres of ranchland. While that sale was being negotiated, Racicky signed a contract to sell the land to Simon. Simon paid $144,000, . But Racicky went bankrupt before he could complete the the land, let alone its sale. Which of these remedies should Simon seek: the full price of the land expectation, restitution, specific performance, or reformation? ilt a house for Sandra Dyer, but the house had some problems. The garage too low. Load-bearing beams in the "great room" cracked and appeared to ceiling ds weakening. The patio did not drain properly. Pipes froze. Evans wanted 5. Evans bu be steadily weakening. T the money promised for the job, but Dyer refused to pay. Comment.

Explanation / Answer

Racicky should, and did, look for restitution.That is the best option for him.

Expectation :

Legitimate expectation apply the philosophy of justice and sensibleness to a circumstances where a human being has an expectation or curiosity in a public body or personal parties keeping a long-standing live out or keeping a undertake.

Expectation compensation will be engaged since Racicky is broke.

Specific performance :

The presentation of a contractual responsibility, as prearranged in luggage where compensation would not be sufficient remedy

Specific performance is not possible since Racicky does not possess the land.

Reformation :

Reformation will be prearranged if there is evidence that the social gathering did not mean the words as written or there was an lapse due to fault or mix-up.

Reformation is immaterial.

Restitution :

Recurring to the proper proprietor possessions or the financial value of defeat. From time to time restitution is complete part of a decision in neglect and/or contract cases. In illegal cases, one of the punishment imposed is need return of stolen merchandise to the injured party or sum to the victim for damage caused.

Simon obtain restitution, because he has awarded a advantage on Racicky and it would be unfair for the defendant to stay it.

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The General rule for contracts is substantial performance.Thus, if a court finds that Evans substantially performed the housebuliding, then Sandra Dyer will have to pay on the Contract.However, these flaws in the construction seem serious.If that is the case and because of public ploicy to protect homeowners, a court will either grants Sandra Dyer damages to repair the shoddy work or require Evans to make the house safer.

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