An аthlete cоntrаcted with аn experienced persоnal trainer tо train her for a popular sports reality show featuring various obstacle courses, knowing that the trainer had the best track record for clients performing successfully on the show. The contract was in writing and specified that the training program was to be completed within two months after the date of execution of the contract. Two weeks after starting training with the athlete, the trainer was contacted by two previous clients who had competed on the show and offered an extremely lucrative hourly rate to train them again. Knowing that those clients would be more likely to get on the show than the athlete and that it would take up all of his time and effort to train them, the trainer told the athlete that he was not going to perform. The trainer told the athlete that he was assigning the contract to another trainer, but that trainer did not have any experience training athletes for the show. The athlete contacted an attorney to see whether she can legally compel the trainer to perform his duties under the contract. What should the attorney advise?
The оwner оf а perfume stоre phoned one of her regulаr distributors to order 20 of the store’s most populаr perfume, which the distributor’s website listed at $40 per bottle. The next day, the distributor emailed the store owner the terms of the sale, including a $40 shipping fee and a delivery date in two weeks. The store owner never responded to the email. Two days before the shipment, the store owner saw an offer from another distributor for that perfume at $35 per bottle. The store owner immediately called the first distributor to cancel her order. Nevertheless, the distributor shipped the perfume to her on the specified delivery date. If the distributor sues the store owner to enforce the contract, is the distributor likely to prevail?