Fran Had a Very Rare, and Therefore Expensive, Automobile That

question 38

Essay

Fran had a very rare, and therefore expensive, automobile that she wished to sell. Fran worried that if the first attempt at selling the auto failed, the value of the auto might come into question. To prevent any potential loss of profit if the auto needed to be resold, Fran created a sales contract that provided for an estimation of damages should the contract later be breached by the potential buyer. A potential buyer was found, and the contract was signed. Later, because of a lack of sufficient financing, the buyer breached the sales contract. Fran requested the estimated damages provided for in the contract. The buyer refused, calling the clause unconscionable and excessive. Can Fran recover?

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Definitions:

Asbestos

A group of naturally occurring fibrous minerals used in building materials, but known to cause lung diseases when inhaled.

Influenza

A highly contagious viral infection of the respiratory passages causing fever, severe aching, and often leading to serious complications.

Pleuritis

A condition in which the pleura become inflamed, which causes them to stick together. It can also cause an excess amount of fluid to form between the membranes.