Remedies

Question 1

specific performance

Answer 1

equityable

only if monetary damages are inadequate

land sale - avaialble because land is unique

sale of goods - only availale if the goods are unique or other proper circumstances

personal services - not available but injuction may be

Question 2

unpaid sleller’s right to RECLAIM goods

Answer 2

unavialable under article 2

exception - buyer was insolvent when it receive dthe goods AND seller makes a deamnd within 10 days after buyer receives goods

exception - seller can reclaim goods at any time if buyer misrepresented its solvency to seller in writing 3 months before delivery

Question 3

expectation damages

Answer 3

1. expectation - in as good a position as full performacne. THIS IS TEH GENERAL RULE. E.g. if contract with me for $10K to perform services. I breach. Cover is $13K. I owe $3K

Question 4

expectation - article 2

Answer 4

cover damages - cover price - OG K price (cover in good faith)

market damages - market price minus K price (used if buyer doesn’t cover in good faith)

loss in value - value as promised minue values as delivered

Question 5

seller damages

Answer 5

1. resale dmages - K price minus resale price
2. market damages - K price - market price
3. contract price - if seller cannot resell goods (think custom made)
4. lost profit - they literlaly lose the profit they would have made on the initial sale

Question 6

liquidated damages

Answer 6

upehld if damages

1. difficult to estimate at time of K
2. reaonsable forcase of probable damages
3. not a penalty

Question 7

incidental damages

Answer 7

cos to injured buery or seller of trnasporting/caring for goods after a breach and of arranging a substitute transaction = ALWAYS recoverable

Question 8

consequential damages

Answer 8

must be reasonably foreseeable to breaching aprt at time of K

NOT AVAILABLE UNDER ART 2