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Other legal theories applicable to Mark’s scenario include agency law and the legalconcept of the statute of frauds. Agency law is a concept in commercial law that deals withcontractual relationships involving the agent who is authorized to enter into a contract on behalfof the principal and a third party. According to the Law Teacher (2018), the agency is therelationship that exists between the principal and the agent. The agent act for and on behalf of theprincipal and may affect a contract between the principal and the third party. In this scenario, themanager is an agent representing Turnip Plaza Hotel which is the principal. Therefore, Mark canhold the hotel to Edward’s promise because he is legally an agent. The statute of frauds, on theother hand, deals with disputes that arise from oral contracts. The statute of frauds requires
THE TURNIP PLAZA HOTEL ANALYSIS 5certain types of contacts to be written in order to be enforceable. In case of a breach of contract,it upon the plaintiff to proof that a valid contract indeed existed. The defendant has the right toraise the issues as a defense. In this case, if Mark decides to sue Turnip Plaza Hotel for breach ofcontract there is high likelihood that he will lose the case because their contract with Edward wasoral hence does not meet the principle condition of the statute of frauds. The statute requires thecontract to be written in a single document to be enforceable. Contract Damages and Remedies If Mark decides to sue the hotel for breach of contract through the court, he would be entitled to different remedies and damages. Remedies are the legal method used to enforce rights and redress wrongs orchestrated against an individual. The court will use the contract remedy decision tree to decide if Mark will be compensated for the injustice. Mark will receive equitableand monetary remedies if the contract is found to be valid and enforceable. In case the contract isinvalid and enforceable, Mark will seek remedy using the concept of promissory estoppel. In the scenario, a breach of contract has occurred because the Turnip Plaza Hotel has failed to honor its obligation to Mark. The following are damages and remedies entitled to Mark Piper. Mark will receive nominal damages from Turnip Plaza Hotel for the breach of contract. Nominal damages are a small amount of money awarded to the plaintiff by the court for breach of contract. It is awarded to the plaintiff to remedy financial loss resulting from the breach of contract. In this case, Mark will be remedied nominal damages because he has lost his job and didn’t receive a two-term contract as promised by the manager. Secondly, Mark will be awarded compensatory damages. Compensatory damages are remedies awarded to the plaintiff by the court in order to put him on the same position as if the contact had been honored. For instance,
THE TURNIP PLAZA HOTEL ANALYSIS 6the court might ask the hotel to offer Mark a new contract as compensatory damages. Mark is