Remedies Flashcards
A court order requiring a breaching party to perform under the contract or face contempt of court charges is also known as:
Specific Performance
In the event of a breach by the buyer in a sale of goods contract, possible measures of damages that may be recovered by the seller include:
The difference between the contract price and the market price, the difference between the contract price and the resale price, and lost profits
When, pursuant to a contract for a sale of goods, a buyer accepts nonconforming goods, he may not recover __________.
the difference between the contract price and the market price
If a buyer accepts nonconforming goods, the buyer may recover
warranty damages for the breach of the seller’s warranties.
Under Article 2, when a buyer refuses to accept goods or repudiates the contract, a seller
MAY resell the goods, but is not required to do so.
Unless it will increase the damages, when an owner breaches,
a builder is under a duty to cease work on a project.
The remedy of restitution is based on ______________ and is measured by ____________.
Preventing unjust enrichment; the value of the benefit conferred
In a reformation action, the writing setting forth the agreement between the parties is
changed by the court so that it conforms to the original intent of the parties.
Under Article 2, how does a buyer’s right to replevy differ from a buyer’s right to specific performance?
Replevin will lie only for identified goods, while specific performance may be decreed even though the goods have not previously been identified
In a contract for the sale of goods, __________ may recover consequential damages.
Only the buyer
Consequential damages consist of losses
resulting from the breach that any reasonable person would have foreseen would occur from a breach at the time of entry into the contract.
A liquidated damage clause will be enforceable only if:
Damages were difficult to estimate at the time the contract was formed and the amount agreed upon was a reasonable forecast of compensatory damages in the case of breach
In the case of a breach of an employment contract by the employee, the employer may recover:
The cost to replace the employee regardless of whether the breach was intentional or unintentional
The value of the benefit conferred is the measure of recovery for ___________.
Restitution
Reliance damages ______________.
Put the plaintiff in the position she would have been in had the contract never been formed
In a construction contract, if the property owner breaches the contract __________.
before construction has started, the builder is entitled to the profits he would have derived from the contract
What is the most accurate measure of damages for breach of a contract for the sale of goods?
The buyer’s damages are measured as of the time he learns of the breach, while the seller’s damages are measured as of the time for delivery.
To recover full damages when an employer breaches an employment contract, the employee:
Must make a reasonable effort to find a new position of the same kind in the same locale
Incidental damages ______________.
Include a buyer’s reasonable expenses in care of goods rightfully rejected and a seller’s expenses of reselling goods as a result of the buyer’s breach
In a suit for restitution, the measure of recovery is __________.
the value of the benefit conferred.
When a buyer, pursuant to a sale of goods contract, accepts nonconforming goods, the buyer’s measure of damages is:
The difference between the value of the goods as delivered and the value they would have had if they had been as according to contract, plus incidental and consequential damages
Specific performance is not an available remedy for
a breach of a contract to provide services
Even if a buyer has rightfully rejected a delivery of goods because it did not conform to the contract, this not does give rise to
a buyer’s right to replevy identified goods under Article 2.
A remedy whereby a writing setting forth the agreement between the parties is changed by the court so that it conforms to the original intent of the parties is known as:
Reformation
