ANALYSIS OF CASES
1. Gregory, a comedy writer, entered into a contract with Wessel, a comedian. The contract provided that Gregory would provide Wessel with a 15-minute monologue for his upcoming appearance on Comedy Hour and that Wessel would pay Gregory $250. All performers on Comedy Hour make $500 per appearance. As Gregory knows, the last time Wessel appeared on Comedy Hour he was asked to make special guest appearances at three local comedy clubs using the same monologue. He earned a total of $750 for the three performances. Shortly before Wessel was scheduled to appear on Comedy Hour, Gregory informed him that she was unable to provide the monologue. As a result, Wessel was forced to cancel his appearance. Wessel sued Gregory for breach of contract and requested damages of $1,250. What will result?
Gregory would argue that she will pay the $500 for the actual loss of Wessel’s. She won’t pay another $750, because in the contract she just need give the monologue for Wessel’s upcoming appearance on Comedy Hour.
Wessel would argue those $1250 loss is all about Gregory didn’t give him the monologue then lead to him loss the $1250.
Judgment will be for Wessel for breach of contract. Damages of $1,250 will be awarded. Wessel is entitled to compensatory damages of $500 to compensate him for the actual loss he sustained when he was unable to appear on Comedy Hour because he had no monologue. In addition, Wessel is entitled to recover $750 in consequential damages. Because Wessel had made special guest appearances as the result of his prior appearance on Comedy Hour, of which Gregory was aware, it was reasonably foreseeable by Gregory that this sort of loss could occur if she breached and, therefore, she is liable for consequential damages.
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