Question: Samuel had a severe gambling problem. Every night, he stayed awake to the early hours of the morning picking games and spreads and betting online
Samuel had a severe gambling problem. Every night, he stayed awake to the early hours of the morning picking games and spreads and betting online or calling his bookie. Finally samuals wife Willa had enough of samuals gambling. Willa entered into a written contact with hyacinth a gambling addiction therapists who agreed to treat Samuel twice a week for six months. The contract is signed in writing by the contract parties Willa and hyacinth and of course by the patient Samuel. Samuel then begins his counseling however after two months Willa sees no improvement in Samuel behavior. After all her debit cards just got declined at the store and when she confronted Samuel he simply stated I lost $1,000 on the Miami marlins last night. Willa decides to breach the contract that is to stop paying hyacinth. What would the court most likely find if hyacinth sues Willa to enforce the contract and make will pay for the breach ? Select one answer choice UCC Article 2 governs; Willa will pay a remedy of lost profits to hyacinth because the sessions were not completed and the original contract did not specify the length of Samuel's recovery Common law governs; a judge would find in favor hyacinth making Willa liable to pay under the terms of the contract UCC Article 2 governs; Willa will not have to pay a remedy or lost profits to hyacinth because treatment did not work Hyacinth has no enforceable rights with Willa because hyacinth had furnished no consideration to will (the therapy sessions were simple between hyacinth and Samuel) This type of case would be head in court of equity and both parties must tender specific performance
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