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Case Study 16.2 - Specific Performance

Case Study 16.2 - Specific Performance - Therefore Avon...

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Response to Case Study 16.8 Specific Performance – I agree with Tracy Sass, that Specific Performance is an appropriate remedy in this case of Liz Claiborne, Inc. v. Avon Products, Inc. The Avon Products, Inc failed to perform an absolute duty under the contract. Additionally, Claiborne attempted to mitigate damages by seeking another manufacture to make their products, but failed to obtain the exact product which was a “Signature Scent” that was a specialized trade secret. Although the case does not specify the duration of the contract, it is possible that contract could have expired. Furthermore the case also does not specify as to why Avon Products decided to “uncouple” from the joint venture. It is possible that Avon had a sound reason, since no company would usually back out from a highly profitable and fast growing venture.
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Unformatted text preview: Therefore Avon Products could file for Commercial Impracticability, if it can demonstrate valid reasons why it could not manufacture this product anymore. It is possible that Avon Products was making losses on the product Signature Scent despite the growing sales figures in two year time period. In addition, it is also possible that the product may have been found to have defects due to which Avon Products had to abandon manufacturing. In conclusion, Specific Performance may or may not be the appropriate remedy in this case. It would depend upon the all the factors discussed above on why Avon Products discontinued for the joint venture. If t is a simple breach of contract and there is no genuine reason for Avon to discontinue manufacturing for the joint venture, the court could order Avon to perform as described in the contract....
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