Titus, a wealthy oil magnate, is a huge fan of Gram Parsons, the influential musician who co-founded the Flying Burrito Brothers and who died at age 26 of a drug and alcohol overdose in 1973. He has an extensive collection of Parsons memorabilia and other materials related to the Los Angeles country-rock scene in the period 1965-75. Titus really wants the turquoise 1960 Ford Galaxie convertible that Parsons owned when he moved to Los Angeles in 1966, and which has marijuana decals and cigarette burns inflicted by Parsons. The car is now owned by a distant cousin of Parsons, Elmer. Titus and Elmer sign a contract in which Elmer will sell the car to Titus for $1 million. The car, which is currently loaned on display at the Country Music Museum in Del Ray, Florida, will be delivered in three months, on July 15. Titus puts $50,000 down on the car. Titus immediately begins renovations to his palatial Houston home, widening the living room and opening it into a gallery of his collection. Architects design a special lighted platform on which the car will be displayed; the car will effectively be the centerpiece of his home. The renovations necessary to accommodate the car are done at a total cost of $200,000. Three days before the car is due to be delivered, Elmer calls Titus and informs him that he has decided that the car is better off in a museum, and so he has sold the car to the Country Music Museum for $1,000,001. Elmer returns Titus’s check. Titus subsequently sues Elmer. As the car has already been conveyed to the Museum, Titus’s only remedy is damages. What damages can he collect from Elmer? Work through each of the three categories. Which one would he be advised to seek?
Expectancy damages: ___________________________
Restitution damages: ___________________________
Reliance damages: __________________________
Titus, a wealthy oil mogul, is a tremendous fan of Gram Parsons, the iconic musician who co-founded the Flying Burrito Brothers and died at the age of 26 in 1973 from a drug and alcohol overdose. He owns a large collection of Parsons memorabilia and other artifacts from the Los Angeles country-rock era from 1965 to 1975. Titus is particularly fond of the turquoise 1960 Ford Galaxie convertible that Parsons drove to Los Angeles in 1966, complete with marijuana emblems and cigarette scars caused by Parsons. Elmer, a distant cousin of Parsons, now owns the automobile. Titus and Elmer sign a contract in which Elmer will sell the car to Titus for $1 million. The car, which is currently loaned on