Bobsy the Human Pretzel, a world-famous contortionist, enteredinto a contract on December 1, 2018 to perform at the Omaha StateFair during the month of January, 2019. Alan, the organizer of thefair, advertised that Bobsy would be performing and receivedpurchases for many tickets to the Omaha State Fair in advance. InDecember 10, 2018, Noland, the owner and director of the “Museum ofthe Strange and Unusual,” knew of Bobsy’s contract with Alan, andoffered Bobsy more money and a private jet, among other things, toconvince Bobsy to perform at his museum in January, 2019 instead ofperforming at the Omaha State Fair. On December 15, 2018, Bobsycontacted Alan and told him that he would not be performing at theState Fair but would be performing at the “Museum of the Strangeand Unusual” instead. After Alan found out this information, hefiled suit against Bobsy.
(a) If Alan sued Bobsy, demanding specificperformance of the contract, who wins? Explain fully.
(b) If Alan sought an injunction against Bobsy to stop him fromperforming at the Museum of the Strange and Unusual, who wins?Explain fully.
(c) If Alan sued Bobsy for breach of contract and demandsdamages, what damages if any, may Alan recover?
(d) After Bobsy sorts out the legal issues with the Omaha StateFair, he signs a contract with the Museum of the Strange andUnusual to perform in April, 2019. While in the shower, Bobsydecides to prepare for the show by performing the very basiccontortionist move, “back bend ending in pretzel.’ He slips andbreaks one of his legs and severely injures his back. (side note: acontortionist is an entertainer who twists and bends their bodyinto strange and unnatural positions.) After being stabilized inthe hospital, Bobsy immediately contacts Noland and tells him whathappened. Noland tells Bobsy, “Sorry to hear that, its going to bevery hard for you to perform with those injuries. Can’t wait to seeyou pull it off!” When Bobsy refuses to abide by the contract,Noland sues Bobsy for breach of contract, judgment for whom?Explain fully.
