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Question
A winery agreed to sell a particular hillside parcel to a buyer for $900,000. The contract stated that if either party breached, the breaching party would pay $250,000 "as liquidated damages." At signing, comparable land sales were rare, but the parties had appraisals suggesting likely damages from a failed sale would be between $40,000 and $70,000. The seller later refused to convey after receiving a higher offer.
Separately, the winery agreed to sell the buyer 200 bottles from a numbered, one-of-a-kind vintage that could not be obtained in the market. The winery also contracted with a famous musician to perform at the winery's opening event and included a clause requiring the musician to perform if she breached. The musician repudiated and booked another event the same night.
Analyze the buyer's available remedies, including liquidated damages, specific performance, and any limits on compelling personal services.