Facts: Frank owns a well-known restaurant in downtown Milwaukee within easy walking distance from the city's convention center. The Organization of Chemical Research has a contract with the city of Milwaukee for the use of the convention center for its annual convention. Two weeks before the convention, however, the Organization announces plans to move the convention to St. Louis. The move is in direct violation of the Organization's contract with the city of Milwaukee.
When he learns of the move, Frank files suit against the Organization for breach of contract. Frank seeks money damages to compensate for the loss of business to his restaurant when the convention is not held in Milwaukee.
Assume that the contract between the Organization and the city is valid and enforceable. Assume that moving the convention does violate its terms. Will Frank succeed in his suit against the Organization? Why?
yes
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In order to determine whether Frank will succeed in his suit against the Organization, we need to consider the legal principles surrounding breach of contract and the available remedies for the injured party.
To establish a breach of contract, Frank would need to show that the Organization has failed to fulfill its obligations as outlined in the contract with the city of Milwaukee. In this case, the Organization's decision to move the convention to St. Louis would likely be considered a violation of the terms of the contract.
Assuming that the contract is valid and enforceable, Frank would then need to demonstrate that he has suffered damages as a result of the breach. Frank's claim for money damages would be based on the loss of business to his restaurant when the convention is not held in Milwaukee. He would need to provide evidence to support his claim, such as financial records showing a decrease in business during the convention period compared to previous years.
If Frank can establish both the breach of contract and the resulting damages, he may be entitled to a remedy for his loss. The specific remedy available would depend on the terms of the contract and applicable laws. Possible remedies could include compensatory damages, which aim to put the injured party in the same financial position they would have been in had the breach not occurred, or possibly even specific performance, which would force the Organization to follow through with the original contract and hold the convention in Milwaukee.
Ultimately, whether Frank will succeed in his suit against the Organization will depend on the strength of his evidence and the interpretation of the contract and relevant laws by the court. It is recommended that Frank consult with a lawyer experienced in contract law to fully assess his chances of success and to guide him through the legal process.