Alt 1

M: V’s promise to pay additional $200,000 would be consideration for extension

(7 pts)

V: economic duress and/or unconscion - M taking advantage of world drop in gold price

(3 pts)

M: we didn’t cause the fall and the $200,000 is not unreasonable price for extension

(3 pts)

Alt 2

M: earlier payment is a change in V’s legal burden, making modification enforceable

(7 pts)

V: if wants to resist promise of earlier payment, same argument as in Alt 1

(2 pts)

Alt 3

M: if we want to enforce, will have to argue nominal consid suffices to support extension

of option - but quere whether it will work if $10 is not, in fact, paid on execution

(7 pts)

V: will have to argue not just that nominal consid suffices but that a promise to pay the

nominal consideration is consideration itself, making payment of it irrelevant

(3 pts)

Hypo

M: would argue no consideration for the extension (modification), so not enforceable

(5 pts)

V: would argue enforceable because it relied foreseeably and enforceable under §99

(5 pts)

V: would argue enforceable w/o consid under §89 - unanticipated circumstances and

a fair modification

(3 pts)

Miscellaneous points

(5 pts)

TOTAL (of 50)

B: R’s breach entitles me to cover under 2-712 and the new contractor meets 2-712

(5 pts)

B: in the alternative, I am entitled, under 2-715 to the value of loss of use in the Spring

(5 pts)

Roll: Stipulated damage clause limits remedy to repair or replace and it is valid

(5 pts)

B: clause not valid because doesn’t meet the criteria of 2-718(1)

(5 pts)

Roll: not entitled to new contractor because not the same house as subject of contract

(5 pts)

Roll: not entitled to new contractor because not consistent with mitigation since I offered

additional foundation at my cost

(5 pts)

Roll: not entitled to consequential damages b/c my offer of larger house for reasonable

additional payment - 2-715(2)

(5 pts)

B: offer of additional foundation not adequate “repair” - leaves me with excess foundation

(5 pts)

B: offer of other house OK if at same price - otherwise not really “replace” consistent with stipulated damage clause even if it is valid

(5 pts)

Miscellaneous points

(5 pts)

TOTAL (of 50)