Would successful in suit against fred for breach of contract

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Reference no: EM133228559

Assignment:

Bertha enters into a valid contract with Fred's Fish shop on September 1, for the purchase of a dozen rare "queen angel" fish for $1,000 to be delivered on December 15. On September 15, Fred assigns the right to the $1000 to Harold who pays Fred $900 cash and notified Bertha.

On October 21, Fred calls Bertha and tells her that he will not be able to deliver the fish since weather conditions in the Caribbean make the fish unavailable from this area. "Queen Angel" fish are found in the Red Sea but cost 40% more to obtain from this source. Bertha informs Fred that she refuses to pay any more and that she is awaiting his performance as agreed.

On November 15, Bertha buys her fish from another vendor at the best price then available, $5000. On December 15, Fred delivers his fish and Bertha refuses delivery.

Discuss fully the following questions:

1. If Harold sues Bertha for $1000, should he win his suit? Does he have the standing (right) to sue Bertha? Explain fully discussing all possible arguments.

2. Would Bertha be successful in a suit against Fred for breach of contract? What would be the proper measure of damages to sue for? Would specific performance be an available remedy? Explain fully.

Reference no: EM133228559

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