SCHEERER v. FISHER

Scheerer v. Fisher



Scheerer v. Fisher

Facts

The petitioner, David Scheerer is a licensed real estate agent. In 2007, he notified the defender Jack Fisher that certain mountain properties were for sale. Fisher and Scheerer had a professional relationship before and they begin investigating about the case and negotiated about the cost of developing properties. The sellers were also investigated about the details of the properties. Fisher on behalf of LLC purchased properties of worth $20 million. The contract provided details that the seller would pay Scheerer 2% commission. Fisher agreed to this contract orally to the seller as buying agent. The case doesnot explain the efforts which should be obtained by the buyer's agency. Fisher and LLC withdraw the purchase and negotiated the third party for the purchase of the property. In return it would also assign new cases to Fisher. Furthermore, Fisher formed a new LLAC and purchased the new properties. He did not pay any commission to Scheerer.

Decision

The Court decision applies to all although was complicated. This purchase could have been a simple purchase of home rather than seeking commission.A contract is a promise or set of promises made by one party to another for breach of which the law provides a remedy. The promise or promises may be expressing (either written or oral) or can be inferred from the circumstances. Normally, the remedy for breach of contract is money damages designed to restore the injured party to the economic situation that he or she expects the fulfillment of the promise or promises (known as a "confidence measure" of damages). Occasionally, a court may order a party to carry out his promise (an order of "specific performance"), but the cure is unusual.

Integrating the social contract theory is dominated by the concept of "contract promise," or what I call the theory of promissory. Since the Second Restatement Agreement as by Sheerer widely assumed that the basis of contract enforcement has to do with the obligation that one has to keep promises. According to this theory, one looks at the institution's promise to see why, and therefore, when the commitments are not legally enforceable.

The judicial remedy for breach of contract in business is mainly the monetary damages that incur. Therefore, if any party fails to fulfil the promise and money cannot serve the damages, the business needs to approach the court and enter an equity decree after which ...