Week 5
2. First, the Parkers were contractually obligated to pay the late fees because the fees were not exorbitant and were part of the parties' lease contract. However, unless the lease contract specifically says that the late fees could be charged as additional rent, then the landlord could not consider the late fees additional rent. If the late fees cannot be considered additional rent, then the Parker's failure to pay the late fees cannot be used as a basis to evict the Parkers.
7. The parents and the child probably should not be permitted to recover for emotional distress, although they would be entitled to recover for actual damages. Infliction of emotional distress is an intentional tort, which requires a plaintiff to establish that a defendant acted with a reckless...
Therefore, if Squibb knew the drug would cause birth defects and did not warn people, it might be responsible for emotional distress. However, if Squibb was not aware that its drug caused birth defects, its conduct was not outrageous and would not support emotional distress damages.
8. The court should not order specific performance. First, the Giants did not have clean hands, because they entered into a secret contract with Flowers, designed to defeat the Sugar Bowl's requirements that only non-professionals play in the game. In addition, people cannot be compelled to complete contracts through specific performance. The appropriate remedy for breach of a personal service contract…
