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Valparaiso Univ. Law School

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Saturday, November 27, 2004

Real life exam question of the day

Lopez Singer Jennifer Lopez likes white rooms—we mean, really white rooms.  The singer/actress’s contract rider specifies that she must be provided: “White room, white flowers, white tables and/or tablecloths, white drapes, white candles, white couches.”

These were part of her requirements for her work in making a “charity” video to benefit African AIDS victims.  Unfortunately, the couch provided was apparently “greenish,” not white.

Questions:  Since Lopez is donating her time, is there a contract between the parties?  If so, is the greenish couch a material breach of the contract that would excuse Lopez from performing?  If not, what damages should she receive for breach?  If those damages would be inadequate, would she be entitled to specific performance?  Would your answer change if the promoters could have given her a white couch, but put the greenish one in the room to annoy her?

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