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