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custom sailboats
Can Graham obtain a decree of specific performance?
Chiu agreed to sell his custom-built sailboat to Graham for $60,000. Before delivery, Chiu received another offer for $68,000 and wrote to Graham that he had decided not to sell his boat after all?
My questions-yes or no
1. Can Graham obtain a decree of specific performance?
2. Would a suit for money damages completely satisfy Graham?
3. Can Chiu avoid Graham's suit by claiming that he was merely selling to the highest bidder?
From the sound of the question, you must be a law student...or a soon to be law student since it's contracts. If u are a soon to be law student, good luck as a 1L.
The answer to your three question hinges first on whether there was a valid contract or just an offer. If Chiu had only made an offer and Graham had not accepted before the revocation, Graham would not be entitled to specific performance.
Assuming a valid contract, a plaintiff is entitled to specific performance only when (1) legal damages are inadequate, (2) there is mutuality, (3) it is feasible to enforce such a relief, (4) and no valid defense applies.
Here, since the sailboat was custom built, it is arguable that legal remedies are inadequate. As long as Graham has the money to specifically perform, mutuality will be met. Assuming the parties are in the same state and the property is in the same state, the feasibility factor will be met. Potential defenses include unclean hands, laches, and impossibility. Assumine none of those defenses apply, Graham would be able to obtain a decree for specific performance.
As mentioned above, since it's a custom-built boat, presumably with special features, money damages would probably not be satisfactory to Graham. If it could be completely satisfied, however, Graham would only be entitled to compensatory damages. He would not be entitled to punitive damages since such damages are not allowed in contract cases.
Chui cannot avoid suit by claiming that he was merely selling to the highest bidder as long as the contract is valid and enforceable. Again, if Chui had only made an offer and Graham had not accepted before Chui's revocation, then the revocation would have been effective and there would be no valid contract. Accordingly, in that situation, Chui would win.
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Custom Ranger 37 Sailboat For Sale in Alameda
{ 1 comment }
Hello,
To anyone interested, I should be able to help answer any questions you may have regarding ANY Durbeck built. I was employed with Durbeck's for over 14 years until Win Durbeck retired the company.
I started 1973 with hull # 2 of the 46 ketch to the last 46 #27 (cutter rig). I was Vice President when the company was retired.
A some of the boats were built as “kit” boats for owner completion. As a result some were incredible example of workmanship while some of the owner completions regretably were less than desirable & below the standard established. Regardless, there are few cruising sailboats with the sailing attributes & stuctural integrity of these vessels. A number of them have sailed around the world.
We also built the Durbeck 50 ketch, a number of “one off” custom sailboats, (25,38,45,52,& 64') a Newick cruising Catamaran as well as true displacement trawlers
The Vancouver 36 was tooled & first two production models built. Tooling for other manufactures was another part of companys entrprises such as the Tarten 41, Tarten 37, CSY deck tooling, Black Fin Yacht & the Starwind sailboats (Wellcraft).
One of the last projects was the Donzi 65 Sportfish tooling & prototype production.
I guess this was a quick history, I have maintained somewhat of the archives & I have some construction pictures to pass on to the current specific boat owners. I can be reached by e-mail:
I hope this can help any prospective buyer, I am looking forward to locating all the Durbeck's sailing out there.
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