Chapter 18 - Contract Remedies

Question 1

Remedy

Answer 1

• Seeking damages if someone has been hurt.

Question 2

Monetary Damages - Compensatory

Answer 2

• Damages awarded to the plaintiff to make them whole as before the damage occurred.
• To compensate
• If you are the plaintiff (non-breaching party) sueing, you have an obligation to keep damages as low as possible (to MITIGATE).

Question 3

Monetary Damages - Punitive

Answer 3

• Punishes the breaching party for their actions.
• Plaintiff hopes to receive punitive damages.
• They discourage others from participating in the type of behavior.

Question 4

Dunn Construction Case

Answer 4

• Mr. Dunn didn’t do a good job on pouring the foundation for a new home.
• Didn’t pass inspection.
• Mr. Dunn was ordered to fix it and said he’d put rebar to fix it.
• He did it, but not very well.
• Homeowner sued for breach of contract and fraud.
• 1st court ruled that the plaintiff got compensatory and punitive damages.
• Higher court ruled that the plaintiff ONLY GOT COMPENSATORY.

Question 5

Liquidated Damages

Answer 5

• Damages specifically identified in the contract itself.

- If I don’t finish my job by this date…I owe so much per day as stated in the contract.

Question 6

Incidental Damages

Answer 6

• Miscellaneous costs.

- Little things you may have incurred from breach of contract.

Question 7

Restitution

Answer 7

• Putting the non-breaching party back in the position the non-breaching party was in before the breach.

Question 8

Equitable Remedies - Specific Performance

Answer 8

• SPECIFIC PERFORMANCE - plaintiff can seek for the court to fore the defendant to perform the contract.
• Usually granted only in contracts that involve unique items such as real property.

Question 9

Patel Case

Answer 9

• Fight over land.
• Patel leased it with an option to buy.
• Patel made and offer to buy and the owner agreed to sell on the certain price.
• They got into a little fight over the escrow amount and the defendant wouldn’t transfer the property.
• Plaintiff sued seeking specific performance.
• Court held that the owner had to transfer the land to Patel.

Question 10

Equitable Remedies - Injunction

Answer 10

• INJUNCTION - a court order to tell someone to stop doing something.
• AKA ENJOINED