KS REMEDIES Flashcards
Replevin
Article 2 permits if after reasonable effort buyer cant secure substitute goods
Expectation Damages
Benefit P expected to get. Look to future
Grounds for Rescission
k is void or voidable
mistake & misrepresentation
defenses (unclean hands, laches, election of remedies, estoppel)
Incidental Damages
Allowed under Article 2
expenses incurred in inspection, etc.
Consequential Damages
Foreseeable when k entered into
Cannot be speculative
Buyer sues seller for breach of land sale k
damages are either:
out of pocket loss or
benefit of the bargain (difference bw fair market value and k price)
quasi-contract
= restitutionary P must prove: (1) conferred benefit (2) with reasonable expectation of compensation (3) d knew (4) d would be unjustly enriched
Innocent Misrepresentation remedies
can only be rescinded
Reformation
written form is wrong
Grounds: mistake, misrepresentation
Defenses: laches, sale to BFP
Fraudulent Misrepresentation remedies
rescind k and seek restitution or
affirm and seek damages
cant do both bc election of remedies
When is legal remedy inadequate
subject matter rare or unique
When is enforcement feasible
personal jurisdiction - then if d disobeys, court can hold in contempt
Liquidated Damages
specified in k
damages difficult to calculate and
reasonable
Specific Performance
1) Valid k
2) definite and certain terms
3) satisfaction of conditions/perforrmance by P
4) inadequate legal remedy
5) feasibility of enforcement
6) no defenses
Restitution
benefit unjust retained by d
