Remedies for Breach Flashcards
What is:
1) Specific Performance:
2) Injunction:
3) Recession:
4) Reformation:
1) Forcing a party to do something to perform their end of a contract under certain circumstances.
2) Forcing a party to do something or to stop doing something.
3) Throws out the contract.
4) Court rewrites a contract.
What can a party seek specific performance?
Requires two things:
1) When the legal remedy is inadequate to give relief.
2) the product must be unique.
What is the rule and exception from Morris v. Sparrow as to chattels and whether specific performance can be given?
Although it has been held that equity will not ordinarily enforce a contract for the sale of chattels, it will do so where special and peculiar reasons exist which render it impossible for the injured party to obtain relief by way of damages in an action at law.
Will a court order specific performance of a personal service contract?
A court will not order specific performance of a contract to provide a service that is personal in nature.
Will a contract be rescinded when both sides do not have a remedy?
No, both sides of a contract are not required to have a remedy for a valid contract to be entered.
Restatement 370: Requirement that benefit be conferred.
A party is entitled to restitution under the rules stated only to the extent that he has conferred a benefit on the other party by way of part performance or reliance.
If a party fulfills the two requirements of specific performance, will the court enforce specific performance even when it is impracticable to do so?
No, This is because the court does not want to be involved in the day to day affairs of the parties. The exceptions are special circumstances and protection of public interests.
What is an efficient breach?
When it costs less to breach the contract than it would cost to perform the contract. It is simply determining whether a breach or performance would be more beneficial to the party.
