ALevel Contract Law Question Help (remedies)

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_Kestrel_
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'Flighty, a publishing company, contracts with Bill to write a book about British birds. Bill has to produce 15 chapters by the 1st of December, he is to be paid £500 per chapter. On ht e 1st of December Bill has only written 8 of the chapters, he offers these to Flighty but they refuse to take them'

Discuss the rights and remedies of Flighty against Bill. (10 marks)

I have already discussed that there is an intention to create legal relationships and so flighty has the right to bring Bill's breach of legal obligations to court. I have also stated that flighty has the right to terminate the contract if they wish, or continue and sue for damages. I am stuck on the remedy/damages part. Would it be expectation loss?

Any help would be very helpful x
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random1997
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Is this A-Level Law? I don't know about A-Level Law, but at degree level it is just as useful to talk about the remedies that wouldn't be open to the parties as the ones that would, just so long as you explain why this wouldn't be an acceptable remedy. This way, the examiner can see that you have considered all of the options, and suggested the most appropriate one.

In this scenario, the most obvious remedy is for Flightly to ask for Specific Performance (i.e Bill finish the book), which is what they wanted in the first place. But even if the book is completed by Bill ASAP, Flightly might still incur loses because the book wasn't finished on time -- i.e this could hold up the production line and therefore cost more to produce the book at a later date, or they could lose out on profits if they were hoping to publish it just before Christmas to get the Christmas gift sales in. If Flighty does incur loses, then it would only be equitable that they recover the damages from the legitimate expectation losses. So I would suggest that the best option for both parties is specific performance + damages for losses.

Rescission wouldn't be in either party's interest, because Flighty still want the book to be made, and finding a new author would take time. And restitutionary damages or an injunction wouldn't be at all appropriate in this case. Hope this helps.
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Catherine1973
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thinking about specific performance, that may not be appropriate due to court having to supervise - some case of a store (co-op?) wanting to stay open and the courts wouldn't order SP as it would need too much monitoring.

And this is a book - i mean you can write 8 chapters but would they be any good? SP is more for simple "complete this one off transaction - sell this house" - ie nothing more needs doing than completing the legal formalities by both parties.

(in the employment context, they wouldn't enforce SP either I don't think - as that is like slavery?)
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random1997
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(Original post by Catherine1973)
thinking about specific performance, that may not be appropriate due to court having to supervise - some case of a store (co-op?) wanting to stay open and the courts wouldn't order SP as it would need too much monitoring.

And this is a book - i mean you can write 8 chapters but would they be any good? SP is more for simple "complete this one off transaction - sell this house" - ie nothing more needs doing than completing the legal formalities by both parties.

(in the employment context, they wouldn't enforce SP either I don't think - as that is like slavery?)
I think the case you're talking about is Argyll Stores.

These are excellent points, and ones I hadn't really considered! OP should mention these in their essay. I guess that I would just say that there's nothing in the facts that say that the chapters that Bill wrote were not good, and there's nothing to suggest that he doesn't actually want to finish the book, given more time (maybe just writer's block!).

But you should certainly mention Argyll Stores in your answer and note that the court said that no specific performance could be awarded to force someone to run a business (e.g like Bills, you could argue) and operate at a loss. But again, there's nothing in the facts that suggest that bill would be operating at a loss, or that he is unwilling to finish the book given more time. Our lecturers always remind us to not assume facts from a scenario, so you can state Argyll but use this counter to distinguish this case from Argyll!
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Catherine1973
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Yep argyl! It was a year ago lol. Yes you can have a good discussion on the issues with specific performance on something which is hard to objectively determine. Write 8000 words is objective but write 8000 good words is very subjective.
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