Petra owns a store that sells women’s clothes. Petra created…
Petra owns a store that sells women’s clothes. Petra created a design for a travel dress for women that has a number of special hidden pockets for things like cell phones, passports, credit cards, etc. Petra contacted Dell’s Dress Manufacturers, a company that manufactures dresses, and asked Dell if he could manufacture the travel dress she had designed. Petra wanted ten dresses in each of ten sizes for a total of 100 dresses. Petra said she would order more if the dress design proved popular. Dell says he could manufacture the dresses Petra wanted for $50 each, for a total price of $5,000, delivery included. Petra wanted the dresses by February 1, 2025 for Spring sales to women planning summer travels. Dell agreed to this date. Petra paid the $5,000 that day. Petra asked Dell not to sell her design to anyone else, and Dell promised he would only make the dresses Petra designed for her. During January Dell manufactured the dresses for Petra. But when a representative from a major department store visited the factory, the department store representative was shown Petra’s dresses and wanted them. The department store representative offered $100 for each dress if he could have them on February 15, 2026, as this Spring’s order was already in place. When February 1 came Dell did not deliver the dresses to Petra. Petra called Dell, but Dell would not take her calls. She went to Dell’s factory and found out Dell was considering selling the dresses to the department store for double what she had paid. Petra called other manufacturers that afternoon and they said they could make the dresses for her for $75 each. Petra comes to your law office and asks about suing Dell for breach of contract. She does not want the department store involved and rejects suing them for the tort of interference with contract. She wants to know what remedies she could get and if she should turn to another manufacturer, or if there is any way to get the dresses from Dell. What do you tell Petra? You may use IRAC. Do not discuss any torts.