case brief—Gregory, a comedy writer, entered into a contract with Wessel, a comedian. The contract provided that Gregory would provide Wessel with a 15 minute monologue for his upcoming appearance on the comedy hour and Wessel will pay $250 to Gregory. All performers could make $500 per appearance on the comedy hour. and when Wessel was scheduled to aper on the comedy hour, Gregory informed him that he was unable to provide the monologue, because last time Wessel was asked to make special guest appearances at three local comedy clubs performance during the comedy hour. nd Wessel bought lawsuit to Gregory for beach of contract and request damages of $1250.
Issue— The main issue in this case could be does Wessel successful win this case and get the paid form Gregory ? and Gregory whether have right to cancel the contract ? Rules— according to review the textbook, we could list some of law and concept to discuss this case, such as Privity of contract, Bilateral contract, Revocation of offer by offeror, condition, anticipatory repudiation, remedy and compensatory damage. Analysis.
In the textbook, we know that contract is a binding agreement based on the genuine assent of the parties, made for a lawful object, between competent parties, in the form required by law, and generally supported by consideration. Gregory make contract with Wessel, and Gregory offer 15 minute monologue to Wessel for his upcoming appearance on the comedy hour and also Wessel should pay $250 to Gregory. between these two party, they have some right to respect to each other. Gregory offer him an chance to show monologue and Wessel accept that pay to gregory $250. o we could also here have bilateral contract. Revocation of offer by offeror. an offeror can revoke the offer before it is accepted. in this contract, they do not state how long the contract be, or whether just express contract, or just when gregory have performance, provide Wessel 15 minus monologue, and get reward $250 from Wessel.
So Gregory have right to revocation the offer. when Gregory found Wessel earned $750 for his three performance as special guest appearances at the local comedy clubs on the comedy hour, he relocate the contract and cancel Wessel’s performance. f this is done, Wessel can not create a contract by accepting the revoked offer, Gregory. so as long as the contract do not express that how many time or how long Gregory offer Wessel monologue, he still have right to revocation the offer. Anticipatory Repudiation–when a party expressly declares that performance will not be made when required. Gregory informed Wessel that he was unable to provide the monologue before Wessel appear on the comedy hour. Gregory made in advance of the time for permanence of the contract obligation. ut for Wessel, he was schedule to appear on the comedy hour, even he received the inform form Gregory just shortly before the performance.
So Wessel could sue gregory get the compensatory damage. because if he receive the inform that he was unable to have 15 minute monologue performance, he could be made new schedule for himself, such as go to local comedy club performance to earn the money. The debate point in this case is that whether Gregory express Wessel could not performance in other comedy club using the some monologue. f not, Wessel have right to do whatever he want, there is not any condition here, and he have right to get remedy for his lose. Conclusion this case could be an tricky in the court, because in the contract they only stated Gregory offer 15 minute monologue to Wessel and Wessel pay $250 to Gregory, and they do not stated Wessel could not go to other comedy club or place to performance. and for Wessel, he did not loss anything even Gregory relocate the offer to him. actually he made $750 during the comedy hour. so for my opinion, i could say Wessel can not win this case.
