OA Bar Prep With Heather! T3BE37
Added 2024-08-21 05:29:57 +0000 UTCThe answer for T3BE36 is coming your way, and we launch our next Bar Prep question with Heather!
Patrons, submit your answers below! But also, feel free to double up and submit on reddit.com/r/openargs!
Comments
When I see a person is suing for specific performance, I always drop everything and first look, if everything breaks in the plaintiff's favor, is this even the sort of thing a court would award specific performance for? That's because I know that specific performance, like Thomas pointed out, is a disfavored remedy that a court will not award with out a good reason, and when it comes up, the bar is often testing on it. This is a case of personal services, because it's about Bob using his labor to build flower beds for Homer. The court is not going to order Bob to do labor for Homer. The answer is D. So what is a poor Homer to do with his unbedded flowers? Well, he can sue for damages, and use his damages to hire a new builder, maybe one named Barb or Bob or Bailey or Blake or Brandon or Barnabas, or, dare I say it.... Ben 👀
nocountry4oldben
2024-08-24 03:02:17 +0000 UTCI was thinking it was B before Thomas jogged my memory on what specific performance is, and how uncommon it is to be granted and Thomas talked me out of his answer. While I think Homer probably has a claim against Bob it seems to me that specific performance must be the wrong one, making a no answer right. Answer C just doesn't make sense to me because no way Homer has to pay for the completion of work that wasn't completed so I'm going with answer D, this is a personal service and Homer's lawyer did a bad court thingy
ToddTheOdd
2024-08-23 04:18:48 +0000 UTCThere’s nothing special about your flower beds, Homer. The correct answer is D. Specific performance is clearly not the appropriate remedy for this situation, so you can immediately knock out A and B. The attractive distraction is answer C. The language is misleading because, as Thomas caught, the payment of the second half was due at the completion of the contract. This obviously has not happened yet and so, even if specific performance was appropriate, it would be actually bonkers if the law required Homer to go outside the obligations of the contract and send Bob the rest of the payment AFTER Bob quit and before the work was even done in order to get an equitable resolution. Specific performance is typically not granted in cases involving personal service contracts (such as construction work) because that would require the court to supervise the performance of the contract which would be impractical. Courts would much rather award monetary damages rather than ordering someone to perform specific services. The personal service nature of the contract essentially precludes the remedy of specific performance, therefore answer D is correct. However, to be thorough, Answer A is incorrect. Not necessarily for the reasons Thomas gave, but he was right in that a novation is when there is a change. A novation is essentially a new contract. I remember it by thinking of the word “nova,” as in a new star. Tl;dr there is no new obligation in place of the original agreement or substitution of a party or anything in the fact pattern that would indicate a novation. Finally, and simply, answer B is incorrect for the same reasons answer D is correct. (Edit: Yikes, sorry this ended up being so long; grammar)
IS SHE TALKING ABOUT ME
2024-08-22 12:32:21 +0000 UTCThomas whiffed by fighting the hypo. It says specific performance against Bob, so that's the analysis. The answer is D because we have a whole amendment forbidding involuntary servitude. Big Bucks Bob has to pay damages instead so Half-Assed Homer can hire somebody new.
Dr. Clerk
2024-08-21 23:35:35 +0000 UTCWhat is "root cause mitigation" anyway? I found a Wikipedia article for the Liberal Gun Club, and it says 'In regard to gun control, the group favors "root cause mitigation for violence prevention, stronger mental health care, addressing poverty, homelessness and unemployment rather than focusing on prohibiting or restricting one tool."' I suppose my question is, why not both?
Jason Valasek
2024-08-21 19:10:37 +0000 UTCIt can't be a novation because Bob never got anyone to replace him, he just walked out, so not A. And C is a double bind, since the money isn't due until after the job is completed, which it isn't. I would think "Personal services" is only for things that are irreplaceable, so not D either, so the only option I can imagine being true is B. And, working backwards, didn't Bob do some of the work already? Damages would be too complicated. How do you bill, or prorate or anything, for "half of a garden bed"? Specific performance does seem like the only good option to make this right for Homer.
abbott and costello who's on first cross examination
2024-08-21 09:55:31 +0000 UTC
