Question

A life coach entered into a contract with an introverted woman to provide a week-long course that served as an introduction to the life coach's year-long program. Under the terms of the contract, the life coach would work with the woman full-time for a week to start teaching her to interact with people with more confidence. The woman would then participate in a speed-dating event as her "graduation" from the course.

The contract also provided that unless the woman received an offer for a second date at the speed-dating event, she had no obligation to pay for the introductory course. If she received an offer for a second date at the speed-dating event, she would be required to pay the life coach $1,000 within three days of the event.

After working with the life coach pursuant to the terms of the contract, the woman attended the speed-dating event. Four days after the event, when the woman still had not paid the life coach, the life coach brought a breach-of-contract action against the woman to recover $1,000 under the contract.

Based on the language of the contract, what is the plaintiff or defendant going to have to prove in this case to prevail?

	A.	Because the contract involved a condition precedent, the life coach must prove that the woman received an offer of a second date at the speed-dating event to recover.
	B.	Because the contract involved a condition precedent, the woman must prove that she did not receive an offer of a second date at the speed-dating event to avoid liability.
	C.	Because the contract involved a condition subsequent, the life coach must prove that the woman received an offer of a second date at the speed-dating event to recover.
	D.	Because the contract involved a condition subsequent, the woman must prove that she did not receive an offer of a second date at the speed-dating event to avoid liability.

Answer 1

A breach of contract in legal terms amounts to a broken promise to do or not do an act. Breaches of a contract are single, occurring at a single point in time, or continuing breaches. A lawsuit for breach of contract is a civil action and the remedies awarded are designed to place the injured party in the position they would be in if not for the breach. Remedies for contractual breaches are not designed to punish the breaching party. A contract is a legally enforceable promise, either made in writing or orally. However, certain promises must be reduced to writing in order to satisfy the Statute of Frauds, a rule of substantive law, not a rule of evidence, that specifies certain subjects that must be evidenced by a written instrument.

The non-breaching party is relieved of his obligations under the contract by the other party's breach. Courts will award damages in the event of a breach, but the intent is not to punish the breaching party, but rather to put the other party in the position they would occupy if the contract had been fulfilled. In cases where money is inadequate to compensate the aggrieved party, the court may award specific performance to force the breaching party to fulfil the terms of the contract.

Therefore the answer is option A:

Because the contract involved a condition precedent, the life coach must prove that the woman received an offer of a second date at the speed-dating event to recover.