calculating damages Flashcards
if the contractor is ready to finish and the otehr side cancels, the contractor gets..
full damages of the entire completed job (cost + profits - mitigated expenses)
if a contractor stops early (even for a good reason like non-payment) they only get damages for
what they already did unless they have clear evidence of lost profits
a buyer breaches a sales contract when
- 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
if the seller no longer has the goods and buyer failed to pay
buyer can recover for the price of goods accepted
if the seller still has the goods and the buyer breached before accepting
seller may recover the price only if they are unable to sell if after reasonable efforts
if the seller resells but for less than the contract was
the seller can get the difference between the contract price and the resale price
if the seller resells and is faces by incidents in reselling
the seller can get the difference and the cost with any incidents
contract open market after a buyer breach
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
if the seller is able to re-let the inventory
allows recovery of the profit (including reasonable overhead) what the seller would have made from full performance