Remedies

Question 1

Expectation Damages

Answer 1

Put a plaintiff in a position if K had been performed
“Foreseeable with reasonable certainty”
K price - money received/saved + costs

Question 2

Reliance Damages

Answer 2

This applies when you cannot get expectation damages
Put the plaintiff in a position he would have been prior to the contract
Unreimbursed costs

Question 3

Restitutionary Damages

Answer 3

Getting back any value you already gave.
Contract partially performed
Measured by market value of services
Non-breaching party has the option of - expectation damages ot restitutionary damages
Typical hypo is “work on the house and it’s partially done - now i want the value of what I gave you

Question 4

Consequential Damages

Answer 4

Because you breached I now have to go and spend money
Foreseeable costs because of the breach

Question 5

Incidental Damages

Answer 5

Are determined at the time we make the contract
Can be enforced if they are reasonable and are not acting like a penalty
Has to be 10% or less of K price

Question 6

Quantum Merit

Answer 6

The breaching party is the one seeking damages
Reasonable value of their services - whatever damages

Question 7

Seller’s Damages

Answer 7

If buyer breaches seller can recover :

Goods delivered and accepted = K price
Some/none goods delivered = K price - market price
Goods resold = K price - resale price
Additionally incidental damages

Question 8

Lost Volume Seller

Answer 8

Biggest seller in town
Answer choice will have something with lost profits

Question 9

Buyer Damages

Answer 9

Biggest seller in town
Answer choice will have something with lost profits

Question 10

Equitable Remedy

Answer 10

hen the remedy at law is inadequate

Question 11

Specific Performance

Answer 11

Making you do something
Also land is always unique

Question 12

Injunction

Answer 12

Usually in Employment K questions
To prevent irreparable harm