What is the appropriate remedy

Assignment Help Operation Management

Reference no: EM131845349

On July 7, 2000, Frances Morelli agreed to sell to Judith Bucklin a house at 126 Lakedell Drive in Warwick, Rhode Island, for $77,000. Bucklin made a deposit on the house. The closing at which the parties would exchange the deed for the price was scheduled for September 1.

The agreement did not state that time is of the essence, but it did provide, in Paragraph 10, that if Seller is unable to convey good, clear, insurable, and marketable title, Buyer shall have the option to:

(a) accept such title as Seller is able to convey without abatement or reduction of the Purchase Price, or

(b) cancel this Agreement and receive a return of all Deposits.

An examination of the public records revealed that the house did not have marketable title. Wishing to be flexible, Bucklin offered Morelli time to resolve the problem, and the closing did not occur as scheduled.

Morelli decided the deal is over and offered to return the deposit. Bucklin refused and, in mid-October, decided to exercise her option under Paragraph 10(a). She notified Morelli, who did not respond. Bucklin filed a suit in a Rhode Island state court against Morelli.

In whose favor should the court rule?

Should damages be awarded? If not, what is the appropriate remedy? Why?

Reference no: EM131845349

Questions Cloud

How many customers should the waiting area be designed : What is the probability that an arriving customer would find at least four people in the waiting area waiting for help?

Define challenges and opportunities of starting a business : What are some challenges and opportunities of starting a business in Canada (please list a few of each)? What is the political system like and the risks.

Can interdependence work : By now I am sure you all have heard about Otto Warmbier, the American Student held in North Korea that was sent home and passed away this week.

What do you think of the courts decision in this case : What do you think of the courts decision in this case? Does it make sense to you? Why or why not?

What is the appropriate remedy : In whose favor should the court rule? Should damages be awarded? If not, what is the appropriate remedy? Why?

Compare and contrast two images of managing change : Change Management: As stated in Palmer, Dunford, and Akin (2009), "images we hold of organizations affect our interpretations of what we think is going on.

Faster in times of political upheaval : Things move much faster in times of political upheaval so why not pursue more ambitious goals? But it is also very common for there to be significant

Explanations of the development of the current world economy : Are the Marxist explanations of the development of the current world economy (dependency theory and world system theory) satisfying? Why or why not?

Summarize implementing biometric security : Why do you think the author elaborated on six different steps, only one of which is actually "Understanding Biometrics Measures"?

User Account

All Pages