calculating damages Flashcards

1
Q

if the contractor is ready to finish and the otehr side cancels, the contractor gets..

A

full damages of the entire completed job (cost + profits - mitigated expenses)

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2
Q

if a contractor stops early (even for a good reason like non-payment) they only get damages for

A

what they already did unless they have clear evidence of lost profits

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3
Q

a buyer breaches a sales contract when

A
  • she wrongfully rejects goods
  • wrongfully revokes acceptance of goods
  • fails to make a payment when due
  • repudiates with respect to a part or the whole contract
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4
Q

if the seller no longer has the goods and buyer failed to pay

A

buyer can recover for the price of goods accepted

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5
Q

if the seller still has the goods and the buyer breached before accepting

A

seller may recover the price only if they are unable to sell if after reasonable efforts

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6
Q

if the seller resells but for less than the contract was

A

the seller can get the difference between the contract price and the resale price

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7
Q

if the seller resells and is faces by incidents in reselling

A

the seller can get the difference and the cost with any incidents

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8
Q

contract open market after a buyer breach

A

whether the goods are sold or not - they seller can recover what the item would have sold for at the time it was supposed to be delivered minus what the contract price was for

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9
Q

if the seller is able to re-let the inventory

A

allows recovery of the profit (including reasonable overhead) what the seller would have made from full performance

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