Question: Karl is a painter. He has signed a contract with Tex to paint his portrait. Tex pays a deposit of $5,000 as an advance payment

Karl is a painter. He has signed a contract with Tex to paint his portrait. Tex pays a deposit of $5,000 as an advance payment to help Karl buy paint and materials. Karl becomes aware of Texs support for conservative political causes and refuses to paint the portrait as an act of political protest. This action causes Tex to receive unwanted critical media attention.

Which remedy is available to Tex?

  • Tex can sue to recover the advance payment.

  • Tex has no remedy because of the nature of the contract and has forfeited his deposit.

  • Tex can sue for an order for specific performance by which a court will order Karl to perform the contract.

  • Tex can sue to recover the advance payment and recover damages from Karl for the loss of his reputation caused by the adverse media comment.

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