Anticipatory repudiation

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    Northeby Case Summary

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    Even if frustration was present, there are other steps Lucy could have taken to minimize damages caused by her failure to execute the contract. Charles would argue that he was not informed of the frustration, and Lucy did not promptly express repudiation. If the breach was anticipatory, Charles could have sued for breach of contract but now he can sue for all loses, including loss of profit and advertising. He was also unable to mitigate his damages as he was unaware that Lucy would not be able to perform on the contract. The likely result of the action would be passed in favor of Charles. As a result, Charles would be entitled to damages due to Lucy’s failure to comply with the contract and lack of communication with…

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    Clownfish - Anticipatory Repudiation FACTS Sheila Clownfish entered into an agreement with Robert Anemone in September 2016, whereby Robert agreed to serve as the exclusive marketer-distributor for Sheila’s business for five years. Two weeks ago, Robert told Sheila, “I am experiencing financial troubles, and unfortunately can no longer market or distribute your products.” When Sheila reminded him of their agreement, he replied, “I regret that our agreement did not work out as planned.”…

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    Grey Hoffman Case Summary

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    We filed a motion to strike and dismiss that complaint based on various arguments and rather than briefing the motion, the plaintiffs sought leave to file a Second Amended Complaint, which the court allowed. Subsequent thereto, we filed motions to strike the Second, Third, Fourth and Fifth Amended Complaints and the Court agreed with the majority of our arguments, but allowed the plaintiffs to replead their causes of action. As a result, the plaintiffs’ Fifth Amended Complaint currently…

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