Remedies

Question 1

expectation damages

Answer 1

putting the aggrieved party back in the position in which they would have been in if the promise had been performed
- “benefit of the bargain”
- default for damages
- actual to promised

Question 2

reliance damages

Answer 2

putting the aggrieved party back in the position in which the aggrieved party would have been in had the promise not been made
- “turn back time”
- actual to before

Question 3

restitution

Answer 3

puts the breaching party back in the position they were in if the promise had not been made
- “give back the toy”
- defendant actual to before
- does not account for losses of the aggrieved party

Question 4

assumpsit

Answer 4

a contract of promise that can be breached and result in a lawsuit

Question 5

put reliance, expectation, and restitution in order from general least to greatest

Answer 5

restitution (only looks within 2 party relationship), restitution (turn back time), expectation damaged (benefit of the bargain)

Question 6

executory contract - definition

Answer 6

a contract where neither side has begin fulfilling the contract

Question 7

reliance, restitution, and expectation damages for an executory contract

Answer 7

restitution - $0
reliance - $0
expectation - value of performance of the contract

Question 8

U.C.C. § 2 - 102

Answer 8

goods are all things moveable at the time of sale including unborn livestock and growing crops

Question 9

principle source of damages for goods contracts

Answer 9

Article 2 of the U.C.C.

Question 10

when do you use U.C.C. rules for a contract?

Answer 10

when the contract governs the sale of goods