Contracts Keyed to Barnettback
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An artist received permission to display some of his paintings in the lobby of his town’s library. The librarian really liked one of the paintings and offered the artist $200 for it. The artist accepted the offer and payment in advance from the librarian, and told her that he would deliver the painting to her at the end of the month when his display came down. A few days later, however, an eccentric millionaire in the town who was unaware of the agreement between the librarian and the artist offered to buy the painting for $200,000. The artist quickly agreed and promptly gave the millionaire the painting. When the librarian found out, the artist offered to paint her another similar painting or return her money, but the librarian was not satisfied.
If the librarian sues for specific performance to gain possession of the painting, will she be successful?CorrectIncorrect
A licensed real estate broker and a homeowner entered into a written listing agreement in which the homeowner promised, among other things, to pay the real estate broker a 6% commission of the selling price of the homeowner’s home if the real estate broker obtained a buyer ready, willing, and able to purchase it. The homeowner’s home was listed for $180,000 in a service made available to real estate professionals.
A prospective buyer, after going to the real estate broker’s office and viewing the homeowner’s home, submitted a written offer to purchase the home for $180,000. The homeowner rejected this offer by not accepting it within the stated period. The buyer brings an action against the homeowner for specific performance, seeking to compel him to sell the home.
What is the probable outcome of this litigation?CorrectIncorrect
A yacht owner owned a yacht, but he had become dissatisfied with it. Instead, he became infatuated with the magnificent yacht owned by his neighbor, who rented an adjacent slip at the dock. The yacht owner let the neighbor know that if and when the neighbor decided to sell his yacht, he would be interested in purchasing it. Several months later, the neighbor called the yacht owner and told him, “Good news, I’m buying a real boat. You can have my scrap heap for $650,000.” “You have a deal,” said the excited yacht owner. The neighbor immediately sent a letter confirming transfer of ownership of his yacht in three weeks for a price of $650,000 and signed it “Sincerely, your neighbor.”
The neighbor’s yacht was only one year old and conforming models were still in limited distribution by its manufacturer. Several days later, the neighbor’s wife confessed that she had been having an affair with the yacht owner. The neighbor immediately called the yacht owner and said, “Our deal is off. You can have my wife, but never my boat. Not at any price.” An identical boat was listed for sale at one million dollars. The yacht owner asserted an action demanding specific performance.
Is the yacht owner likely to prevail?CorrectIncorrect
a homeowner hires a particularly skilled painter to create a mural for her foyer. She chose the painter based on previous murals he had created, and because his artwork was particular to her taste. Without the homeowner’s knowledge or consent, the painter delegates the mural to his apprentice, who is not nearly as skilled.
Assume for this question that the painter did not delegate his duties, but instead, merely breached the contract. If the homeowner asks the court to compel painter to continue to paint the mural, will she prevail?CorrectIncorrect