Kilarjian v. Vastola Essay Example for Free

Kilarjian v. Vastola EssayPlaintiffs contended that the deviation in the financing cost they experience because of the delay should be presented as damages because the breach by defendants will result in a higher(prenominal) financing cost. Also, plaintiffs strongly stress the breach of rationalize because they suffered costs and attorneys fees as come up as financing costs for the delay in acquiring a second owe obligation Defendants delay should be mensurable as damages for plaintiffs. On June 15, 2004, plaintiffs real estate attorney forwarded a time-of-the-essence letter to defendants, setting a closure date of June 25, 2004. Defendants failed to close and ar not willing to close on the property. Defendants do not dispute the weight of the contract. However, Mrs. Vastolas spinal muscular atrophy (SMA) began to accelerate. In defense of their position, defendants provided a letter from Mrs. Vastolas doctor, course J. Brown, which explained that SMA is a progressive neur ological condition that, as a result, disables her from all daily activities because of her arms and legs are weak which results in putting Mrs. Vastola in no condition to sell her house and move. Correspondingly the defendants palisade that since the time they signed the contract for the sale of the home, Mrs. Vastolas conditions become increasingly worse, should excuse the performance in proceeding with the sale of their house.Besides the plaintiffs were well aware of Mrs. Vastolas condition when they signed the contract. Defendants also can the homage that finances are tight and they should not be responsible for an increase in mortgage rates considering the situation the Vastolas have recently encountered. Issue In this case is it acceptable for the court to award costs to the plaintiffs for legal charges and land fees but also void the breach of contract, by the defendant, considering the somatogenetic health of the defendant, even if the contract was signed before the defe ndant wasdiagnosed with SMA? Decision Yes. Plaintiffs are entitled to reimbursement for costs associated with the breach of contract.Compensatory damages are intended to recompense the injured claimant for losses due to the breach. However, a defendant is not chargeable for a loss that he did not have reason to foresee as a probable result of the breach when the contract was made. The specific elements to be applied in each given case of a sellers breach of an executory agreement to sell realty may vary in order to achieve the broad purposes of damages.If the buyer subsequently purchased another property financed at a higher interest, the rate interest differential occasioned by the sellers default might be a proper performer to consider in fixing damages. Overall plaintiffs motion for summary judgment is herewith denied because of the defendants substantial evidence to reinforce the defendants illness.Reason The court is eleemosynary to the unenviabley of the plaintiffs, who ap parently had their heart set on this house and have been waiting for a closing date but this court will consider documentations of interest rates on their mortgage, as well as the out of pocket expenses and attorney fees associated with the breach, so that the court can award costs consequently to the plaintiffs. Nevertheless, the court would render a heartless judgment to evict a woman whose health has deteriorated earnestly while the contract was pending and wishes nothing more than to remain in her home during the most difficult days of her illness.