Team Assignment
Goldberg v. The Mantras problem solution.
Week Two
Goldberg v. The Mantras
The Mantras are a rock band whose lead singer Oom is a devout convert to Tibetan Buddhism. Goldberg is a young concert promoter. In January, Goldberg and the Mantras begin to negotiate an appearance by the group at County Stadium on August 15. Assuming the concert sells out, Goldberg’s commission will be $500,000.
Another band, the Hoedowns, offers Goldberg a guaranteed $300,000 to promote a country western concert for them in County Stadium on the same night. Goldberg tells the Mantras of the Hoedowns’ proposal and seeks to insert a guarantee in the contract. The manager of the Mantras says they will only agree to a guarantee if Goldberg will agree to a reduction in his commission. Goldberg figures that the Mantras’ fusion of Buddhist chants and heavy metal will fill County Stadium, so he and the Mantras sign the original deal. (Goldberg is confident that promotion of a Mantras concert will be a huge boost for his career.)
Goldberg books County Stadium with a $50,000 non-refundable deposit and contracts with a printer to produce tickets and advertising materials, sending them a $50,000 advance. On February 1, the Dalai Lama announces a day of prayer and meditation for August 15. All Tibetan Buddhists around the world must spend the entire day in monasteries. Oom informs Goldberg that the Mantras will not appear at County Stadium as scheduled. Goldberg sues the Mantras for breach of contract, seeking $500,000 in lost profits, $100,000 in incidental damages, $1,000,000 for loss of future career earnings and $1,600,000 in punitive damages.
Should the court enforce the Goldberg-Mantra contract? How should the jury calculate Goldberg’s damages?
(This week’s problem involves someone who made a promise and then reneged well in advance of the time he was supposed to keep his promise. This situation is fairly common. People make promises,...