REMEDIES

Question 1

RESTITUTION

Answer 1

Delivers to the plaintiff the value of the gain realized at the plaintiffs expense.

Can only use restitution if there’s been a substantial breach, unjust enrichment, or if there’s implied-in-law contract.

Question 2

LIMITS TO RESTITUTION

Answer 2

if the plaintiff ahs fully performed, and the only remaining performance is the payment and a payment is a specified sum.

May not sue for restitution for actions not yet performed.

Question 3

UNJUST ENRICHMENT

Question 4

EXPECTATION

Answer 4

ON contract
Expected profits + reliance

Question 5

RELIANCE

Answer 5

Returns plaintiff to pre-contract position.

Question 6

EXPECTATION LIMITS RELIANCE

Question 7

SPECIFIC PERFORMANCE

Question 8

BREACH IN LOSS VOLUME

Question 9

DUTY TO MITIGATE

Question 10

SUSPENSION OF DUTY TO MITIGATE

Question 11

Reaso

Question 12

HADLEY TEST

Answer 12

Damages should be such as may faily and reasonably

Question 13

TACIT AGREEMENT TEST

Answer 13

only applies

Question 14

FORESEEABILITY- RST 351

Question 15

LIQUIDATED DAMAGES

Question 16

CONDITIONS

Answer 16

(1) Each parties

Question 17

TYPES OF CONDITIONS

Question 18

EXPRESS CONDITIONS

Question 19

IMPLIED / CONSTRUCTIVE CONDITIONS

Question 20

PROMISSORY CONDITIONS

Question 21

NOT PROMISSORY CONDITION

Question 22

DEFAULTS

Question 23

SUBSTANTIAL PERFORMANCE