Question

Business law Discussion( Need one page)

On May 15, 2010, The Right Brothers Painting Services, LLC ("The Right Brothers") contracted with Sally Sullenberger to paint her vacation home at Kill Devil Hills, North Carolina. Pursuant to the contract, The Right Brothers were obligated to begin painting on May 30, 2010 and finish the work by June 30, 2010. The total contract price was $15,000. The Right Brothers did not initiate performance before June 30, 2010, and on July 15, 2010, Sullenberger arranged for a substitute painting company, Jake Yeager Master Paint Company, Inc., ("Jake Yeager") to perform the work. Jake Yeager completed the work and charged $23,000 for its services.

On August 30, 2013, Sullenberger filed a complaint in Dare County, North Carolina District Court, seeking $8,000 and court costs and attorney's fees from The Right Brothers. According to North Carolina law, the statute of limitations period applicable to a breach of contract action is three (3) years from the date of the breach.

Questions-

Is the Right Brothers Painting Services, LLC legally and/or ethically obligated to pay Sally Sullenberger the damages she has requested?

Answer 1

- The case occurred when thes party unjustifiably failed to substantially perform his obligations under contract.

Things to Consider before Filing Suit

- Likelihood of success

- Desire/need to maintain ongoing relationship with potential defendant

- Possibility of getting better/faster resolution through alternative dispute resolution (ADR)

- Cost of litigation/ADR compared to value of likely remedy

Legal Remedies for Breach of Contract

- Monetary damages: Include compensatory, punitive, nominal, and liquidated damages.

- Compensatory damages: Damages designed to put plaintiff in position he would have been in had contract been fully performed

- Consequential (special) damages: Foreseeable damages that result from special facts and circumstances arising outside contract itself; must be within contemplation of parties at time breach occurs

- Punitive damages: Damages designed to punish defendant and deter him and others from engaging in similar behavior in the future

- Nominal damages: Award (typically for only \(\$ 1\) or \(\$ 5\) ) intended to signify that although no actual damages resulted from defendant's breach of contract, plaintiff wronged by defendant

- Liquidated damages: Damages for breach of contract specified in the contract itself (either as fixed amount, or as formula for determining money due)