Name: Tosha Brown

QUESTIONS ABOUT
SUN-PACIFIC ENTERPRISES, INC. v. GIRARDOT,
251 Ga. App. 101; 553 S.E.2d 638; 2001 Ga. App. LEXIS 932 (2001)
Please answer the questions in the space provided. Please type your answers and
email the document to me by 11:30 pm on the due date.

Who were the plaintiffs? The plaintiffs were Steven and Mary Christine
Girardot in this case.

What did they argue? What theory did they use? Mr. and Mrs. Girardot filed
a complaint against Sun-Pacific asserting three counts injunctive relief, fraud,
and breech of the agreement to refrain from developing lot 1. The theory
they asserted was the promissory estoppel theory, claiming Sun-Pacific was
estopped from developing lot 1 and they were in breach of their promise to
the Girardots.

What was the defendants argument? The defendants argument was that the
merger clause in the parties contract preluded the Girardots from
establishing reasonable reliance on Sunns pre-contractual promises as a
matter of law.

How did the Appellate Court hold? The appellate court affirmed the decision
of the lower court.

What must the plaintiff prove? The plaintiff had to prove that Sun-Pacific was
at fault and broke their agreement to not sell lot 1 because it was going to be
used for the community.