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Marla Perez
on Nov 30, 2024

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Marcella pays $12,000 down on a houseboat which Hugh had agreed to sell to her for $64,000. Marcella then repudiates the contract. Hugh sells the houseboat to Lloyd in good faith for $60,000. Marcella may recover from Hugh:

A) nothing, since she was the one who repudiated the contract.
B) her $12,000 down payment since Hugh's contract with Lloyd created a novation and discharged any duty Marcella had to pay anything toward the houseboat.
C) $8,000 in restitution, which represents Marcella's $12,000 down payment less the $4,000 in damages Hugh sustained because of Marcella's breach.
D) only a nominal amount.

Novation

The act of replacing an old obligation with a new one, substituting a new party for an original party in an agreement, with the consent of all parties involved.

Restitution

The act of restoring or compensating someone for loss, damage, or injury that has been incurred.

Repudiated Contract

This term refers to a contract that has been rejected or declared void by one of the parties involved, indicating they do not intend to fulfill their contractual obligations.

  • Comprehend the variety of solutions accessible in cases of contract violation, encompassing specific performance, restitution, and compensatory measures.
  • Identify the distinctions among compensatory, punitive, liquidated, and nominal damages, and their roles in instances of contract breaches.
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Mercy ChimwamchereDec 02, 2024
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