Sara has owned and operated Castaway’s Marina in Marina Del Rey for several years. Castaway’s sells boats and provides d
Posted: Fri May 20, 2022 9:18 am
Sara has owned and operated Castaway’s Marina in Marina
Del Rey for several years. Castaway’s sells boats and provides dock
space and winter boat storage to its customers. On August 1, 2020
Ben purchased Castaway’s Marina from Sara. As part of the sale, Ben
took over all of the existing contracts Sara had for the storage
and docking of boats. Rita had a written contract with Sara to
store her boat at the Marina over the winter and to rent a dock
space at the Marina during the boating season. The contract was due
to expire on March 31, 2021. When Rita went to the Marina on
October 1, 2020 to arrange to have her boat removed from the water
and placed into storage for the winter, she learned that the Marina
had been sold. Ben told her that he would be willing to renew
Rita’s contract for dock space and storage for the period of April
1, 2021 through April 1, 2022, at the same price she had paid in
2020, if Rita would agree immediately. Ben said he was planning to
double rents over the next few years, so Rita should lock in his
low rate ASAP! Rita responded, “Wow, I heard prices for dock space
are going up- but I didn’t realize they would be doubling! I
wouldn’t be able to afford my boat if my rent was doubled! It
really sounds like a great deal! Thanks!” This was the last
conversation that Rita had with Ben on the topic and they did not
prepare any written document. Thereafter, on March 1, 2021, Rita
notified Ben that she was moving her boat to another marina and had
arranged to have her boat towed to the new marina. Ben demanded
that Rita pay him for the dock space and storage for April 1, 2021-
April 1, 2022, as they previously discussed, claiming that he and
Rita had an enforceable contract. Rita refused to pay. What result?
Identify and analyze all possible claims and defenses. Use IRAC
format.
Del Rey for several years. Castaway’s sells boats and provides dock
space and winter boat storage to its customers. On August 1, 2020
Ben purchased Castaway’s Marina from Sara. As part of the sale, Ben
took over all of the existing contracts Sara had for the storage
and docking of boats. Rita had a written contract with Sara to
store her boat at the Marina over the winter and to rent a dock
space at the Marina during the boating season. The contract was due
to expire on March 31, 2021. When Rita went to the Marina on
October 1, 2020 to arrange to have her boat removed from the water
and placed into storage for the winter, she learned that the Marina
had been sold. Ben told her that he would be willing to renew
Rita’s contract for dock space and storage for the period of April
1, 2021 through April 1, 2022, at the same price she had paid in
2020, if Rita would agree immediately. Ben said he was planning to
double rents over the next few years, so Rita should lock in his
low rate ASAP! Rita responded, “Wow, I heard prices for dock space
are going up- but I didn’t realize they would be doubling! I
wouldn’t be able to afford my boat if my rent was doubled! It
really sounds like a great deal! Thanks!” This was the last
conversation that Rita had with Ben on the topic and they did not
prepare any written document. Thereafter, on March 1, 2021, Rita
notified Ben that she was moving her boat to another marina and had
arranged to have her boat towed to the new marina. Ben demanded
that Rita pay him for the dock space and storage for April 1, 2021-
April 1, 2022, as they previously discussed, claiming that he and
Rita had an enforceable contract. Rita refused to pay. What result?
Identify and analyze all possible claims and defenses. Use IRAC
format.