Page 56 Flashcards
What is the right to replevin?
Right to be awarded possession of goods
When might the right to replevin be given?
If a buyer after reasonable effort can’t get cover or his efforts would be unavailing and the goods were in existence when the contract was made or later identified to the contract
Under lost profits what are the damages a seller can get if he is a dealer, or if he’s a manufacturer?
- dealer: contract price minus the seller’s cost of purchasing the goods
- manufacturer: contract price minus manufacturing costs
What is an action for price?
The equivalent of damages but for specific performance that can be brought if the buyer has breached by refusing to purchase goods that have already been identified to the contract, or the seller is unable to resell after reasonable efforts
What is an example of an action for price?
You order calendars with your name on them and the seller makes them, but before he can ship them, you repudiate. If he can’t resell them, he can bring an action for the full contract price.
If a seller refuses to convey land, damages are limited to what?
Out-of-pocket costs like payments made on the purchase price and expenses in connection with the purchase. Can only get market value minus contract price if the refusal was in bad faith
If there is a breach by the buyer of real property, what can the seller get for damages?
Contract price minus the fair market value of the land, or specific performance ordering the buyer to take title and pay the agreed price (not meant to actually make the buyer perform, but to cut off his rights and establish damages through resale)
Are employment contracts specifically enforceable?
No, because courts don’t want to force unwilling parties to keep working together, but sometimes injunctions can be given to enjoin an employee from working for a competitor of the employer
