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:

Inflation Rate

The percentage increase in the price level of goods and services in an economy over a period of time.

Purchasing Patterns

The habits or trends that emerge among consumers regarding how they buy goods or services over time.

Nominal Gross Domestic Product (GDP)

The total market value of all final goods and services produced within a country in a given period, measured in current prices without adjusting for inflation.

Inflation

A general increase in prices and fall in the purchasing value of money over time.