V. Remedies for Unexcused Non-Performance

Question 1

Specific Performance

Answer 1

Only if money damages inadequate. Generally wrong answer.

Question 2

Reclamation

Answer 2

Delivery of goods on credit to buyer insolvent at time of receipt. Timely (generally 10 days from buyer’s receipt of goods).

Question 3

Money Damages

Answer 3

Generally expectation damages–Compensate by putting P in same position as if K had been performed w/out breach.

• (1) Determine Dollar Result of Performance w/out Breach
• (2) Determine Dollar Result of Performance w/Breach
• (3) Compare 1 & 2

More than 1 Q. on Consequential Damages:

• Look for special facts abotu buyer that caused it to sustain special loss
• Recoverable only if other party knew special facts at time of K