Law Analysis

 WALA # 1

Law Related to Specific Performance and Consequential Damages

Specific performance and consequential damages are unique legal options in breach of

contract cases. In specific performance, the law requires the breaching party to fulfil their

contractual obligations when the monetary compensation is proven to be inadequate (Kubasek et

al. 497). On the other hand, consequential damages involve the monetary awards meant to cover

losses that naturally arise from the breach of the contract but are not necessarily a direct result of

the breach of the contract (Kubasek et al. 499). The damages considered worth compensation

should be the damages that the complainant proves were foreseeable and that they have

adequately caused damages to the party.

Analysis of Tom versus Carl Case

Determination the case of the breach of contract between Tom and Carl over the purchase

of the Van Gogh painting, the Judge should carefully internalize the evidence based on Tom's

intent for the painting. In the first scenario, where Tom’s intent for the painting is purely

personal and driven by his unique admiration of Van Gogh, the court’s ruling should be based on

granting specific performances (Kubasek et al. 497). In the second scenario where Tom is

expressed to the court as a business person dealing with artworks, monetary compensation serves

as the best way to recover the damages. In this case, the court should quantify the financial loss

in the second scenario and then direct Carl to repay the damages (Kubasek et al. 501).

Considering that Tom intended to buy the painting and sell it at $1,500,000, the judge should

direct Carl to compensate Tom for this amount.

WALA # 2

Law Related to Compensatory Damages and Mitigation of Damages

Compensatory damages in contract law focus on helping the non-breaching party retain

the actual position it could have had if the contract breach had never occurred. Such a directive

includes the actual losses and the benefits never attained due to the breach. The directives call for

proactive efforts to limit further damages like rebooking cancelled, reservations or seeking an

alternative means to employment. Considerably, the mitigation specifications should be

reasonable, and the non-breaching party must not be subjected to settling for less than what was

originally agreed upon (Kubasek et al. 497). In essence, the law on compensatory and mitigation

damages requires the breaching party to compensate the non-breaching party the actual incurred

losses as well as the profit forgone as a result of breaching the contract.

Analysis of Ryan's Damages Claims

Ryan’s damages claims are primarily based on the course of action he chooses regarding

re-renting his rental home in Fresno. If Ryan decides to wait until the period indicated in the

contract between him and Biff ends to re-rent the building, then his ability to recover monetary

damages becomes limited. Whereas Ryan legally stands a chance to receive compensation from

Biff, the law still requires him to demonstrate his reasonable efforts to mitigate the damages

(Kubasek et al. 499). On the other hand, if Ryan prompts searching for a new tenant and

successfully finds one after one period, the court will likely rule in his favour. In such a case, the

court will direct Biff to incur the compensation fee for the damages Ryan incurred and the profit

he never realized due to the breaching of the contract.

WALA # 3

The Law Related to Express Agency and Agency by Ratification

The law on express agency and agency by ratification is essential legal guidelines that

facilitate forming the legal relationships between the principles and agents. Failure to adhere to

the guidelines amounts to breaking the law. On the one hand, express agency as forming the

agency relationship through legally written or oral agreements between the parties involved

(Kubasek et al. 775). On the other end, agency ratification occurs when an agent falsely

represents themselves as the principal’s agent and acts on their behalf (Kubasek et al. 779).

Agency ratification further involves the principal’s decision to ratify the agent’s actions of acting

on their behalf. Importantly, the principal must be aware of the agent’s signed agreement for the

agency ratification to be effective.

Analysis of Arnold’s Lease Agreement

The Lease agreement between Sarah, the real estate agent, and the Landlord presents a

case whose determination depends on how well both parties present the evidence to prove that

the agreement involved agency by ratification. If Sarah proves to the court that Arnold was fully

aware of the agreement and ratified it, then the obligations of the agreement also affect him

(Kubasek et al. 776). Irrespective of this, the decision on the declaration of the agreement as

agency ratification depends on Arnold's explicit verification that he was aware of the terms and

whether he took any legal steps to disavow Sarah’s actions before moving into the property.

Case Brief

Harvard's Admissions Policy

Harvard’s admission policy involves a rigorous four-step process to ensure maximum

adherence to diversity and equitable composition of the student body. The first step usually

involves ranking the applicants on a scale of one to six based on their qualifications. After that,

the admission sub-committee reviews the application and then forwards it to the full admission

committee (Montgomery 1). The admission committee scrutinizes the admission list to ensure

everyone meets the admission criteria and then forwards the qualified list of individuals to the

final stage. In the final stage, the list of tentatively admitted learners is critically refined to ensure

that inclusivity and diversity are followed.

Justice Roberts' Historical Discussion of the Purpose of the 14th Amendment's

Equal Protection Clause

Justice Roberts traces the core purpose of the 14th Amendment’s equal protection clause

from its post-civil war inception. According to Justice Robert, the Amendment’s initial goal was

to protect every citizen from inequality and offer them equal protection under the

law(Montgomery 2). Irrespective of these noble intentions, the Justice acknowledges that the

foundation principle of this law is yet to be realized, mainly due to the increased number of

segregation cases.

Justice Roberts' Discussion of Why Harvard's Admissions Policy Violates Equal

Protection

Justice Roberts's discussion of Harverd’s admission policy breaching the Equal

Protection Clause is predominantly based on the policy objectives; failure to be clear and

measurable. Court's findings highlight that the ADLC students have an 86% chance of getting a

chance to join Harvard, with the rest of the students having an 8% chance of securing a chance

(Dill 6). In his discussion, Roberts indicates that whereas Harvard policy involves a meticulous

vetting process, the guidelines do not show any empirical and rational way to prove that no racial

segregation was done in the selection process (Montgomery 4). Based on these deficiencies in

the Harvard admission policy, Justice Roberts concludes that the policy fails to meet the equal

protection policy.

Justice Sotomayor's Argument For Why The Majority Opinion Was Decided

Incorrect

Justice Sotomayor's dissent on the court’s ruling on Harvard's admissions policy is based

on the argument that the court disregards fundamental considerations when addressing

segregation under the Equal Protection Clause guidelines. Sotomayor claims that race-conscious

admission guidelines are the guiding principles for fully addressing deeply entrenched racial

discrimination (Montgomery 6). Sotomayor further highlights that disregarding Harvard’s

admission policy creates uncertainty and upheaval across many learning institutions’ state

admission programs. In the real sense, Sotomayor’s dissent is based on the court's disregard for

the co-existing approaches used by most learning institutions to address the issue of segregation.

Conclusion

In summary, the court's determination of the case is primarily guided by the evidence

presented when interpreted in accordance with the law specifications. When the evidence

presented works in favour of either the defendant or the complainant, the judge is obligated to

rule in their favour. Notably, the court's level of justice should always reflect the court’s

interpretation of the actual law as stipulated in the country’s legal guidelines.

Work Cited

Dill, David. “Access and Inequality in US Higher Education: Policy Issues.” Equity Policies in

Global Higher Education: Reducing Inequality and Increasing Participation and

Attainment, 2022, pp. 47–70.

Kubasek, Nancy K., et al. Dynamic Business Law. McGraw-Hill, 2020.

Montgomery, Josiah A. “Students for Fair Admissions v. President and Fellows of Harvard

College: A Case Brief.” Grove City College Journal of Law and Public Policy, vol. 13,

2022, p. 11.

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