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In which of the following scenarios would likely result in an order for specific performance or an injunction, rather than a monetary award?

a) Uma's photograph is damaged by the framing company, and Uma sues for breach of contract.
b) Martina pays Omar $250 for firewood delivery, which Omar never fulfills, leading to a breach of contract suit.
c) Cheryl's former employee, Jen, starts working for a competitor, violating a non-compete agreement, and Cheryl sues for breach of contract.
d) Darien buys a new car with regular fabric seating instead of leather, and Darien sues the car dealership for breach of contract.

User Thriveni
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1 Answer

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Final answer:

An injunction or specific performance is more likely in scenario c), where Cheryl sues for breach of a non-compete agreement by her former employee. Monetary damages suffice for scenarios involving damaged goods or unfulfilled delivery, but ongoing business interests like a non-compete often require court-enforced prohibitions to effectively uphold contractual rights.

Step-by-step explanation:

A likely scenario that would result in an order for specific performance or an injunction, rather than a monetary award is scenario c) Cheryl's former employee, Jen, starts working for a competitor, violating a non-compete agreement, and Cheryl sues for breach of contract. In such a case, the court may issue an injunction to prevent Jen from continuing to work with the competitor, as a means of enforcing the non-compete clause.

In cases a), b), and d), where Uma's photograph is damaged, Omar fails to deliver firewood, and Darien receives the wrong car seat material, respectively, monetary damages are typically considered sufficient remedy. These situations often involve easily quantifiable losses, whereas the breach of a non-compete agreement involves the potential for ongoing damage to Cheryl’s business interests that may not be easily remedied by a sum of money.

In enforcing strong contractual rights and property rights, a legal system helps maintain a stable and predictable business environment, thus encouraging economic growth through the assurance that contracts will be respected and remedies will be provided for breaches.

User Feltope
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