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The Barne’s were very excited. James had suffered through some very serious illn

ID: 459870 • Letter: T

Question

The Barne’s were very excited. James had suffered through some very serious illness, and the Barne’s were very thankful that they were able to celebrate another birthday with James. The Barne’s had contracted with Tom Klett (who goes by the name of “Tom the Clown”) for Tom to entertain the children invited to the birthday part. The invitations had been sent out announcing that Tom the Clown was going to be the featured attraction at the party. Three days before the party, Tom called and told the Barne’s that he had accidently double-booked himself, and would not be attending the party. The Barne’s were to have paid Tom $300 pursuant to their contract with Tom (drafted by Tom). After a sleepless night and having taken a day off of work to try to find a replacement, the Barne’s found Matt, the Clown who agreed to perform at the party for the amount of $500. The Barne’s likely can bring a successful cause of action against Tom Klett under the law for:

$500

Punitive Damages

Non Economic damages only

$200

Economic damages and Non Economic damages

Explanation / Answer

The Barne’s likely can bring a successful cause of action against Tom Klett under the law for:

$200 Non Economic damages only.

One of the Non Economical damage can be put in catageory of Emotional Distress (however sometimes it is difficult to prove) and in that we have many factors Dipression, mental anguish, embrassment, anxiety.humiliation as well.

From the seneario described Barne did all preparation and evencards are printed and sent. Unavailbity of Tom could bring ebrassment and humilation from the guest.
He spent sleepless night, took an off day from office and searched for replacement which looking at his recovery from accident could have caused him depression and could make him anxious.

I hope you question is addressed satisfactorily.