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Angela Woodside

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Submitted By Angmcp
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Kaplan University
PA130 – Unit 8 Assignment
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On February 15, 2013, Angela Woodside came into our office with complaints that she was cheated out of a substantial amount of money from Doyle Contractors. The client states that on August 1, 2011, she entered into a contract with Doyle Contractors for the sale of 50 acres of land she inherited. The contract was for the sum of five hundred thousand dollars ($500,000.00). In accordance with the contract, Doyle Contractors was to make an initial down payment of $50,000, with the remaining amount to be paid in monthly installments over a period of ten years, beginning September 1, 2011. In addition to the land, Doyle Contractors was also to take ownership of Ms. Woodside’s tractor. Ms. Woodside received the first two monthly payments in the amount of $22,500 on April 1, 2012 and again on October 1, 2012, with the latter payment covering monthly payments through March 2013. On December 2, 2012, Ms. Woodside received notice from the Ohio Board of Agriculture that effective April 1, 2013 a portion of the land sold by Ms. Woodside to Doyle Contractors was to become an “Agricultural Preservation Area”, barring commercial development of any type for a period of five years. On December 15, 2012, Ms. Woodside received notice from Doyle Contractors that they intended to stop payments and abandon their contract because of the decision made by the Ohio board. Ms. Woodside states that she was not aware of Doyle’s intention of using the land to build on because they had never gotten any permits or showed interest to develop the property. Additionally, she states that she was informed that Doyle Contractors has purchased her land so they could lease it to a local farmer for a profit. Upon receiving notice from Doyle, Ms. Woodside began advertising her land in newspapers and mailings, and even paid for advertisement on a large billboard. On February 1, 2013, the land was sold to a farmer for $200,000 cash. Ms. Woodside states that the land values had plunged since August 2011.

There are three possible remedies available to Ms. Woodside. Firstly, Ms. Woodside has an immediate right to file a lawsuit, regardless of the fact that performance is not yet due. Secondly, Ms. Woodside may cancel the contract and walk away as though it never existed. Finally, Ms. Woodside can wait and see if Doyle Contractors will continue with the payments. Spagnola, L. (2006). Doyle Contractors has stated that they positively and unequivocally will not perform on the contract; therefore the party has repudiated the contract and is in breach of contract. Spagnola, L. (2006). Ms. Woodside states that she only received $121,250 from Doyle and spent roughly $5,000 in advertisement. Additionally, Doyle Contractor’s took possession of her tractor, which she would like back. Based on this, Ms. Woodside’s best option would be to immediately commence a lawsuit. The value of the property is set at $500,000. Doyle Contractor’s paid $121,250. Ms. Woodside paid $5000 for advertisement and sold the land to a farmer for $200,000. Assuming Doyle Contractors returns the tractor unharmed, Ms. Woodside should be awarded damages in the amount of $183,750. This includes the difference between the market price and the contract price, plus the $5000 in advertising Ms. Woodside paid for when trying to find a new buyer.

Because there has been an anticipatory repudiation, the aggrieved party has an immediate right to sue Doyle Contractors. Ms. Woodside does not have to wait until the time when the performance would have been due under the contract terms. Spagnola, L. (2006).
References:

Spagnola, L. (2006). Contracts for Paralegals: Legal Principles and Practical Applications [VitalSouce bookshelf version]. Retrieved from: http://online.vitalsource.com/books/0078133580/id/L13-1-10

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