Remedies, Sale of goods

Question 1

monetary damages

Answer 1

most frequently granted remedy for breach of contract; they will only be awarded for losses that are foreseeable, established with reasonable certainty, and not avoidable

Question 2

foreseeability limitation (monetary)

Answer 2

breaching party is not liable for the loss that was not foreseeable at the time of entering into the contract

Question 3

mitigation of damages (monetary)

Answer 3

aggrieved party must take reasonable steps to lessen or mitigate damages that result from breach of contract

Question 4

Equitable remedies

Answer 4

generally not available if there is an adequate remedy at law available (ie. Money damages)

Question 5

Specific performance (equitable)

Answer 5

compels the defaulting party to perform her contractual obligations
◦ Available only when there is no adequate remedy at law

Question 6

Injunctions (equitable)

Answer 6

court order requiring a person from doing a specific act or engaging in specific conduct

Question 7

Reformation (equitable)

Answer 7

permits the court to rewrite a contract to express the parties’ true intentions

Question 8

trial sales

Answer 8

whenever the buyer has contracted for the privilege to return the goods even though they are conforming