UCC Flashcards
Restitution
The restoration of something lost or stolen to its proper owner.
Recompense for injury or loss.
Remedy in contract law
relief of aggrieved promisees not punishment of promisors
- To compensate plaintiff
- To make the plaintiff whole
Making contract
Full performance
- Somewhere between a breach occurs
- Reaching full performance = expectancy interest (benefit of the bargain)
- SQA (Status quo ansi) (2nd option) or ***expectancy
Compensate
1) SQA (by reliance or restitution)
2) Expectancy
Expectancy
gives plaintiff benefit of bargain
Reliance
compensation for plaintiff’s detriment
Restitution
undoing promise
EXPECTATION
•Compensation for difference of promised nose and resultant nose
- Nose- Perfect Nose—resultant nose——–SQA——-*Promised Nose———————–Worse Nose
- Expectancy: Promised Nose value – Resultant Nose Value
Pain and Suffering
- Operation 1 and 2 not entitled because she already got expectancy. If operation was successful, she would have suffered anyways
- Expected nose but also expected to endure pain and costs of 2 surgeries
RESTITUTION
interest in having restored to him any benefit he has conferred on the other party
- No benefit to Defendant for breach
- Pain and Suffering- none because defendant did not benefit from breach
RELIANCE
•Reliance measure on doctor’s fees- puts her back to positon as if contract had not been performed
- Nose: SQA- resultant nose
- Pain and suffering – all 3 operations (wouldn’t have gone through pain of all surgeries)
- 622 all of it back
RESTORE SQA
1) restitution
2) reliance (includes restitution)
consideration
traditionally defined as:
- benefit to promisor and
- detriment to promisee and
- bargained for exchange
Covenant
a. No consideration; gratuitous promise enforceable so long as sufficiently formalized, i.e. seal
i. Seal- cautionary & evidentiary (proofs)
looking for bargain for exchange
mutual, reciprocal inducement
Assumpsit
a. Assuming obligation
b. Consensual undertaking as a result someone sustained an injury
Benefit to promisor or detriment to promise
•To constitute consideration, a performance or a return promise must be bargained for
Consideration
mutual, recripicol inducement
Sec. 86
Promise for Benefit Received
