Porter operated a successful store that sold remote-control…
Porter operated a successful store that sold remote-control toys. Porter’s Power Remote Control Store consistently received positive reviews on social media. Although Porter had exclusively relied on ordering most of his toys from Dean’s Toys Distribution for 5 years, Dean often delivered the toys to Porter later than the date set forth in their contract. In early October, Porter ordered and paid Dean for three shipments of remote-control toy trains totaling $3,000 ($1,000 for each box of 10 remote-control toy trains). Despite Porter sending Dean numerous reminder emails that they had a written agreement for the sale and purchase of these three shipments, Dean failed to follow-through and make those deliveries. In the months leading up to the Christmas holiday, Porter could easily make a profit of $600 on $3,000 worth of remote-control toy trains because these toys were in great demand for Christmas gifts. He also was able to make approximately $300/day in wages 5x/ week during this time frame too. In early November, Porter delivered a letter to Dean to inform him that Porter’s Power Remote Control Store would no longer be purchasing any remote-control toy trains for his store but would instead be using a different toy distributor. Furthermore, Porter’s letter to Dean stated that Porter’s Power Remote Control Store would be proceeding with legal action against Dean’s Toys Distribution for its failure to deliver the last three shipments of remote-control toy trains totaling $3,000. On a rainy day in the second week of November, Porter was holding his umbrella in one hand and raising his hand for a taxi in his other hand when suddenly he was grabbed from behind and dragged away. Before he knew it, his hands were tied behind his back, and he was pushed into the back seat of a white truck. Since the white truck had shaded windows, he could not see outside to know where they were going. When they got to their destination, he was pushed down some stairs into a basement. “What do you think you’re doing?” Dean yelled at Porter as he pushed him down the stairs onto a basement floor causing his right ankle to twist and throb in pain. “You can’t sue me; I don’t have any money!” Porter had no sense of time and was constantly trembling in fear due to Dean’s angry outbursts and the pain in Porter’s right ankle grew more intense. Even though a witness saw Dean’s interaction with Porter, it still took three days for the police to rescue Porter. He immediately went to the hospital and had to have surgery on his broken right ankle that cost him $8,000. His surgeon told him he would have to stay off his right ankle and not go back to work for a month. Porter’s doctor told him he could have future pain in his right ankle, including a progression of arthritis. As a result of his broken ankle, Porter was unable to go for his normal daily hour-long run and continued to suffer from nightmares from Dean’s actions. Despite his pain, Porter was later interviewed several times about his false imprisonment and received $15,000. He also received a letter from his insurance company letting him know that his medical expenses were paid in full. Question 1: Porter sues Dean for breach of contract. Assuming Porter is successful in establishing there was a breach of contract, what are Porter’s legal remedies against Dean? Discuss the issues. Question 2: Porter sues Dean for battery and false imprisonment. Assuming Porter is successful, what are Porter’s legal remedies against Dean? Discuss all issues and if there is a factor that could reduce Porter’s award.