Remedies

Question 1

Contract Remedies

Answer 1

1. Remedies
   
   1. Expectation
   2. Reliance
   3. Restitution
   4. Specific Performance
   5. Liquidated Damages
   6. Limitations
      
      1. Foreseeability
      2. Certainty
      3. Mitigation
   7. Emotional
   8. Punitive
   9. Buyer’s and Sellers’s Remedies

Question 2

Reliance

Answer 2

Reliance damages aim to the put the party in the position they would have been had they never entered into the contract.

1. Reliance: (expenditures made in prep for perf or in perf) pos. had they never entered into the k

Question 3

Restitution

Answer 3

Restitution allows recovery for the value of the benefit conferred. It is the form of recovery for quasi-contract. In general, the restitution interest is less than the expectation interest because the restitution interest does not include lost profits.

1. Restitution – Quasi-contractual relief – recovery of value of benefit conferred/provided.

Question 4

Specific Performance

Answer 4

Specific performance of a contract duty will be granted in the discretion of the court against a party who has committed or is threatening to commit a breach of the duty. Real Estate K (unless BFP); K for Unique goods; NOT FOR personal services K

1. Specific Performance: Real Estate K (unless BFP); K for Unique goods; Personal services K

not granted if money damages are adequate

Question 5

Liquidated Damages

Answer 5

Calculated at the time of the contract, actual damages difficult to calculate at the time the contract was formed. Amount is a reasonable forecast of damages

1. Liquidated damages (too high? penalty?) K sets the amount of damages
   
   1. Actual damages difficult to calculate at the time the contract was formed
   2. Amount is a reasonable forecast of damages.

Question 6

Limitations

Answer 6

1. Doctrines available to the defendant to limit the amount of damages available to the plaintiff.
   
   1. Foreseeability
   2. Certainty
   3. Mitigation
2. Limitations –
   
   1. Foreseeability – must be reasonable w/in contemplation b/t parties at the time of K formation
   2. Certainty – speculative – incalculable
   3. Mitigation – P has a duty to (1) not increase damages & (2) reduce the amount of avail damages

Question 7

Emotional Damages

Answer 7

Recovery for emotional disturbance will be excluded unless the breach also caused bodily harm or the contract or the breach is of such a kind that serious emotional disturbance was a particularly likely result.

1. Emotional Distress: only if K is emotionally charged (objective) ED damages would be contemplated by the parties at the time of the L

Question 8

Punitive Damages

Answer 8

Punitive damages are not recoverable for a breach of contract unless the conduct constituting the breach is also a tort for which punitive damages are recoverable.

1. Punitive: Generally, not recoverable – will see it when tortious conduct is involved.

Question 9

Limitations in Damages Foreseeabilty

Answer 9

A non-performing party will only be held liable for the damages that were reasonably within contemplation between the parties at the time of contract formation.

Limitations in Damages Foreseeabilty

Question 10

Certainty

Answer 10

Damages are not recoverable for loss beyond an amount that the evidence permits to be established with reasonable certainty.

Limitations in Damages Certainty

Question 11

Mitigation

Answer 11

P cannot hold a defendant liable for damages which need not have been incurred; the plaintiff must, so far as he can without loss to himself, mitigate the damages caused by the defendant’s wrongful act.

Limitations in Damages Mitigation

Question 12

Buyers’ and Sellers’ Remedies

Answer 12

1. UCC Damage Rules (focus on who breached, and who has the goods)
   
   1. Buyers & Sellers Remedies - UCC Damage Rules
      
      1. For expectation damages party can also recover consequential damages (if foreseeable) + incidental damages (expenses. Shipping)
      2. Lost volume seller: K price & resale (comm. reasonable manner) + incidental – expenses saved as a consequence of D’s breach.

Question 13

Expectation

Answer 13

Expectation damages aim to put the party in the position they would have been in had the contract been performed.

1. Expectation: (benefit of the bargain) pos would have been in had contract been performed

Question 14

Limitations in Damages–Certainty

Answer 14

Damages are not recoverable for loss beyond an amount that the evidence permits to be established with reasonable certainty.

Limitations in Damages–Certainty

Question 15

Limitations

Answer 15

Doctrines available to the defendant to limit the amount of damages available to the plaintiff.

1. Foreseeabililty
2. Certainty
3. Mitigation

Question 16

Mitigation

Answer 16

Damages are not recoverable for loss that the injured party could have avoided without undue risk, burden or humiliation.

Plaintiff cannot hold a defendant liable for damages which need not have been incurred; the plaintiff must, so far as he can without loss to himself, mitigate the damages caused by the defendant’s wrongful act

Question 19

UCC Damage Rules–Expectation

Answer 19

expectation damages =

consequential damages (if foreseeable) + incidental damages (expenses. Shipping)

Question 20

UCC Damage Rules–Lost Volume Seller

Answer 20

• Lost volume seller Damages =
• K price & resale (comm. reasonable manner) + incidental – expenses saved as a consequence of D’s breach.