Enforcement Remedies

Question 1

Hawkins v. McGee

Answer 1

Damages are intended to put the plaintiff in as good a position as if the defendant not failed the warranty. Measured by what defendant should have given the plaintiff.

Damages

Question 2

Hadley v. Braxendale

Answer 2

Where damages are owed when two parties have made a contract and one delivers late on performance, damages are to measured as what would naturally flow from the breach

Damages

Question 3

Rockingham City v. Luten Bridge

Answer 3

Upon receiving notification of intent to rescind, the party may not proceed to accrue damages for performance even if the other party is in breach

Damages

Question 4

Anglia TV v. Reed

Answer 4

If possible expenditures wasted would likely be known as a result of the breach, the party who breached is liable for all expenditures regardless of when the expenditures were incurred.

Damages

Question 5

Nat’l Controls Inc. v. Commodore Biz Machines

Answer 5

If breaching buyer had performed and buyer would have made two sales instead of one, then the breaching buyer is liable for the full amount of lost profits from the repudiated sale

Liquidated Damages

Question 6

Parker v. 20th Century Fox

Answer 6

A wrongfully discharged employee is not required to take different and inferior employment to mitigate the damages owed by the breaching party

Employment and Service Contracts

Question 7

Jacob & Youngs v. Kent

Answer 7

When replacement is unfairly out of proportion with the good to be attained from the replacement, damages will be calculated based on the difference in value between the actual performance and the contracted performance

Construction Contracts

Question 8

Peevyhouse v. Garland Coal

Answer 8

Dimunition applies when performance would involve unreasonable economic waste. When determining damages incurred as a result of dimunition measure waste v. value to determine which will apply for damages

Construction Contracts

Question 9

Patton v. Mid-Continent Systems

Answer 9

If performance is worth more to another party, it may be seen as an efficient breach in which case punitive damages should not be applied

Efficient Breach

Question 10

Wassenaar v. Panos

Answer 10

To assess a damages clause, is it reasonable under totality of circumstances?
1. Were damages intended to be punitive
2. Was it difficult to estimate damages casued by breach at time of formation?
3. Are the stipulated a damages a reasonable forecast?

Agreeed Damages

Question 11

Wedner v. Fidelity Security Systems

Answer 11

Rest § 339 - an agreement limiting the amount of damages recoverable for breach is not an agreement to pay liquidated damages or a penalty - not subject to “reasonableness” standard of liquidated damages

Limitation of Liability

Question 12

U.S. v. Algernon Blair

Answer 12

Upon breach the promisee has the option to forego suit on the contract and just reclaim the reasonable value of performance.

Restitution

Question 13

Martin v. Schoenberger

Answer 13

If people recover for partial performance after breaching, people would only perform as much as suited them

Restitution

Question 14

Lancelotti v. Thomas

Answer 14

Rest. § 374 the party in breach is entitled to restitution for any benefit that he has conferred by way of part performance (so long as the performacne is to be retained by the other party and does not exceed the damages by the other party)

Restitution

Question 15

Lacleded Gas Co. v. Amoco Oil

Answer 15

Specific Performance is not often ordered unless the party claiming there is a breach has no other adequate remedy

Specific Performance

Question 16

PAI v. Mero

Answer 16

Non compete assessment
1. Does the employer have a protectable interest?
2. Is the restraint reasonable in scope?

Specific Performance