Damages

Question 1

Expectation damages

Answer 1

Meant to compensate the non breaching party for actual economic losses. Must be calculated with reasonable certainty.

Question 2

Under the UCC, a buyer may demand specific performance for

Answer 2

1) Rare and unique goods or
2) when there is a breach of a requirements contract and there is not another convenient supplier

Question 3

Under Virginia law a party seeking specific performance must demonstrate that

Answer 3

1) There is no adequate remedy at law and
2) that terms of the contract sought to be enforced are sufficiently definite

Question 4

Temporary injunction

Answer 4

The court will consider
1) whether the movant will suffer irreparable harm if motion is not granted
2) whether there is an adequate remedy at law
3) movants chance of winning on the merits
4) If movant can post an an injunction bond

Question 5

When a buyer accepts defective goods

Answer 5

he can recover compensatory damages for the defects in those goods so long as acceptance has not been revoked

Question 6

Punitive damages

Answer 6

are rarely awarded in a contract action unless compensatory damages are awarded and the sellers conduct constitutes a willful tort

Question 7

Attorneys fees

Answer 7

are not generally recoverable unless the parties agree otherwise or that is a specific law authorizing the recovery of such fees