expectation remedies

Question 1

specific performance

Answer 1

ordering the defendant to do exactly what they promised to do

Usually available in real estate contract

Unique goods, such as fine arts, antiques, or special order items

Forced labor - violation of 14th amendment
If you are not going to play there you cant play anywhere - negative injunction

Question 2

proof requirements , must show three things
for specific performance

Answer 2

In simple terms:

Sometimes, money isn’t enough to fix a problem in a contract because:

Money damages aren’t available.
It’s hard to prove them or they’re uncertain.
The person can’t pay (judgment proof).

Specific performance is when the court orders someone to do exactly what they promised. It works best when:

The terms are clear.
The court can easily make sure it happens.
It’s something simple, like handing over a painting or property.
But it’s harder if it involves complex tasks, like construction

Question 3

Consequential damages

Answer 3

Lost profits (expected money position)
Money or costs - (cost incurred, or money spent because of the breach)
Liability to third parties
Inquiry to person or property
Loss of use

additional money losses plaintiff suffered as a consequence of the breach (only because of their special circumstances they were at that lost)
Consequential —> Plaintiffs special circumstances
General → plaintiffs ordinary circumstances.

Tracey enters in contract with tire king to buy $400 set of 4 tires
Tire king never delivers
Tracy buys replacement set that cost him $500

Special circumstances damages here is $100
As he could have bought them for 400$ from tire king the contract was for $400 he was gonna pay anyways he paid $100 more

Question 4

Incidental damages

Answer 4

incidental damages are additional expenses that a party incurs as a result of a contract breach. These expenses are related to mitigating or minimizing losses caused by the breach and can be claimed by the affected party

Ezz→ If someone is trying to avoid more problems after an issue comes up, they might spend money on it. Even if their efforts don’t completely fix things, they can still ask to be reimbursed for those expenses

Question 5

Limits to expectation damages

Answer 5

Certainty: Damages must be certain in both occurrence and amount. No guesswork or speculation allowed.

Causation: The breach must directly cause the damages. If multiple causes, the breach must be a substantial reason for the damages.

Foreseeable: The damages must have been reasonably expected at the time of making the contract.

Mitigation: The affected party must take reasonable steps to minimize damages. However, they don’t need to accept unreasonable or humiliating job offers as part of mitigation.

For example, dropping from a $100k salary to minimum wage is humiliating and unreasonable, so not considered mitigation. But if someone offers a $100k salary, that’s reasonable mitigation, and not taking it wouldn’t be seen as failing to mitigate.