FACTS. On March 1, 2017, Lady Gaga signed a contract with the Bellagio Hotel & Casino in Las Vegas to perform on New Year’s Eve 2017. The contract provides for a total payment of $3,000,000 with an advance payment of $1,000,000. The Bellagio paid Lady Gaga the $1,000,000 advance payment on March 15, 2017 and he immediately deposited it into her bank account. QUESTION 5: Donald Trump wants Lady Gaga to perform for his daughter’s private party at Mar A Largo on New Year’s Eve 2017, and offers Lady Gaga $5,000,000 to perform. Lady Gaga accepts this offer. She then tells the Bellagio that she won’t be performing on New Year’s Eve.
QUESTION 5: Can Lady Gaga keep the $1,000,000 advance payment? Explain your answer. Your answer should address two situations. First, Donald Trump does not know that Lady Gaga is booked New Years Eve at the Bellagio. Second, Donald Trump knows that Lady Gaga is booked and uses all means at his disposal, including the promise of a diplomatic ambassadorship if Lady Gaga agrees to perform.
QUESTION 6: Same facts. Does the Bellagio have a legal claim against Lady Gaga if she does not appear and perform on New Year’s Eve 2017? Explain your answer by describing the basis of the claim and the Bellagio’s remedies.
QUESTION 7: Same facts. Will the Bellagio be successful if it sues Lady Gaga for specific performance or a mandatory injunction to compel Lady Gaga to appear and perform on New Year’s Eve 2017? Will the Bellagio be successful if it sues Donald Trump for convincing Lady Gaga to sing for his daughter? Explain your answer.
QUESTION 8: Same facts. Can the Bellagio recover damages for lost ticket sales and guest cancellations if Lady Gaga does not appear and perform on New Year’s Eve 2017? Explain your answer. What is the term used to define these types of damages?
QUESTION 9: If in September 2017, three months before the concert on New Year’s Eve, Lady Gaga tells the Bellagio that he will not show up to perform, what duties or obligations does the Bellagio have in light of Lady Gaga’s refusal to perform her contract? Explain your answer.
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