SPECIFIC CONTRACTS: POTENTIALLY AVAILABLE REMEDIES THE “CHEAT SHEET”

Question 1

PERSONAL PROPERTY SALE CONTRACTS
AVAILABLE REMEDIES

Answer 1

(1) Compensatory Damages

• Seller’s Breach (Does not convey, delivers damaged goods)
• Buyer’s Breach (Does not pay)

(2) Restitution
* Favorites: Unenforceable/Breached Contracts
(3) Specific Performance
* Property not unique, subject to exceptions

(4) Rescission
(5) Reformation

Question 2

REAL PROPERTY SALE CONTRACTS
AVAILABLE REMEDIES

Answer 2

(1) Compensatory Damages

• Seller’s Breach (Does not convey)
• Buyer’s Breach (Does not pay)

(2) Restitution
* Favorites: Unenforceable/Breached Contracts)
(3) Specific Performance

• Remember:
  
  1. Land is unique
  2. Both Buyer and Seller can get specific performance.
  3. Favorites:
     
     • Deficiencies/Time of Essence Clause “Conditions” Fact Patterns

(4) Rescission
(5) Reformation

Question 3

CONSTRUCTION CONTRACTS
AVAILABLE REMEDIES

Answer 3

(1) Compensatory Damages

• Owner’s Breach (Does not pay)
• Builder’s Breach (Non-completion, Defective completion)

(2) Restitution
* Only Builder for work done – unless Owner pre-paid
(3) Specific Performance
* Only Owner – but very difficult because of enforcement problems

Question 4

PERSONAL SERVICES CONTRACTS
AVAILABLE REMEDIES

Answer 4

(1) Compensatory Damages

• Employer’s Breach (Wrongfully terminates)
• Employee’s Breach (Wrongfully quits)

(2) Restitution
* Only employee for services rendered – unless employer pre-paid
(3) Specific Performance

• “No”: Employment contract
• “Yes”: Valid covenant not to compete