Question

Glinda opens a magic shop and, on Jan. 14, 2011 contracted with Fiyero to supply her with potions that can change someone's skin color. The contract stated that Fiyero, the sole supplier of the potions will sell them to Glinda exclusively so that she can advertise that only her shop sells the potions. Three years into the contract, Jan. 17, 2014, Glinda discovered that an online retailer is selling identical Fiyero potions for a lower price. Determine the likely outcome when Glinda sues Fiyero for breach of contract. In their jurisdiction, the applicable statute of limitations for breach of contract is two years. Glinda filed suit on Feb. 22, 2014.

Answer 1

The likely outcome of Glinda's lawsuit against Fiyero for breach of contract will depend on the specifics of the breach, the terms of their agreement, and the statute of limitations. The outcome will be influenced by whether the breach occurred within the two-year statutory period before filing the suit and whether the jurisdiction applies a discovery rule.

Step-by-step explanation:

When Glinda sues Fiyero for breach of contract, the likely outcome is influenced by the specifics of the breach and the terms of the contract, as well as the statute of limitations governing such cases. Glinda's contract with Fiyero had an exclusivity clause, meaning Fiyero was obliged not to sell the potions to anyone else. Discovering that an online retailer was selling the same potions could indeed constitute a breach of contract, if Fiyero supplied them in violation of their agreement. However, one crucial aspect here is the statute of limitations, which in this case is two years for breach of contract claims.

Since Glinda discovered the breach on Jan. 17, 2014, and filed suit on Feb. 22, 2014, the lawsuit is within the statutory period if we consider the date of discovery as the starting point. But if the actual breach (when the potions were first sold to the retailer) occurred more than two years before she filed suit, the statute of limitations could bar her claim, assuming the jurisdiction follows a discovery rule that allows the period to begin when the breach was discovered. Courts will consider the timing of the discovery and the filing in relation to the statute of limitations.