k remedies

Question 1

what are expectation damages?

Answer 1

put nonbreaching party in same position as if k was performed

calculate w/ reasonable certainty

Question 2

can a party recover expectation damages for part performance?

Answer 2

yes

recover work performed + expectation damages for work not yet performed

Question 3

classic expectation damages for sale of goods

Answer 3

difference b/w value of goods received and value goods as warranted

Question 4

what are consequential damages?

Answer 4

result from breach but arise out of unique circumstances to the party

must be reasonably foreseeable

Question 5

who may seek consequential damages for UCC sales?

Answer 5

only buyers

Question 6

what are incidental damages?

Answer 6

compensation for commercially reasonable expenses incurred as result of breach

Question 7

Seller breach - incidental damages

Answer 7

inspection, transportation, care

expenses regarding cover

Question 8

Buyer breach - incidental damages

Answer 8

expenses in stopping delivery, transportation, care

Question 9

when are liquidated damages enforceable?

Answer 9

parties agreed in advance

reasonable

actual damages would be uncertain in amt and difficult to prove

Question 10

What are restitution damages?

Answer 10

restores party to benefit conferred on other party

Question 11

how do you measure restitution

Answer 11

increase in D wealth or

reasonable value of D obtaining the benefit

Question 12

what are reliance damages?

Answer 12

reasonable out of pocket expenses incurred by non-breaching party

nonbreacher incurs an expense in reasonable reliance the other party WOULD perform

Question 13

can you recover both restitution and reliance?

Answer 13

NO

Question 14

when could specific performance be sued for article 2?

Answer 14

unique goods

Question 15

when is SP available in VA?

Answer 15

(1) no adequate remedy in law

(2) terms f k sought to be enforced are sufficiently definite

Question 16

UCC anticipatory repudiation

Answer 16

unequivocal refusal to perform

OR

reasonable grounds for insecurity arise and other party fails to provide adequate assurance in writing w/n 30 days

Question 17

when is retraction of repudiation permitted?

Answer 17

if other party has not canceled K or materially changed position

Question 18

Can you get restitution for advance payments?

Answer 18

yes

B’s restitution is offset by either

$500 or

expectation damages S suffers + incidental damages