Essay

Determine  whether certain contract remedies exist in the following scenario:

Forrest Gump is a famous table tennis player. He  enters into a contract   with Alabama Sports Marketing to advertise the latest  ping pong game and to   serve as the computer-generated imagery (CGI) model for  the development of the   video game. Gump is perfect for this job as there are  not many world famous   ping pong players who have a following similar to his.  The game is set to  start  development on March 1 and will be completed on July  31, so the game can  be  released at Thanksgiving—a major video game release period.  Both parties  have  agreed and stipulated to the fact that the game must be  completed on time  to  maximize the profits.

Gump will make 20% of the net proceeds from the    sales of the game. In addition, the contract has a liquidated damages clause    that indicates that if Gump does not participate in the marketing, does not    serve as the CGI model, or breaches the contract in any way, he will owe    Alabama Sports Marketing $2 million.

Based on  this fact pattern and the information presented in this unit,   answer the  following questions in a minimum of 250 words each.

  1. One day,  Gump gets into an argument with the developer. Gump refuses to      perform any work  until the problem is solved. In this situation, can Alabama      Sports Marketing  seek specific performance of the contract? If yes, why? If      no, why not?
  2. How would  the court determine whether the liquidated damages clause is      valid? Is this  clause valid? Explain your answers.

Cite any  direct quotes or paraphrased material from outside sources. Use APA   format.

 
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