Breach And Remedies

Front 1

What is a breach

Back 1

1) any deviation from promised performance, however slight
2) Repudiation and retraction: is a clear indication that breach will result when it's time to perform. It may be retracted but only if it hasn't been relied upon yet

Front 2

Types and effects of breach

Back 2

1) material: undermines the substantial benefit of the bargain; she can suspend her own performance obligation/sue for damages
2) minor: slight deviation from promised performance; do not have the right to suspend obligation, but can sue for damages.

Front 3

Remedies for breach

Back 3

Compensatory damages
2) Punitive
3) restitution
4) liquidated
5) specific performance
6) reliance

Front 4

Compensatory damges

Back 4

Compensate non-breacher for economic loss

Front 5

Compensatory damges/ expectation interest

Back 5

which provides the amount of money that will put the aggrieved party in the same position she would have been in had the contract been performed

Front 6

Compensatory damges/ 3 limitations

Back 6

1) certainty: reasonably certain/ must have proven damages. Can't be speculative
2) Foreseeability: generally foreseeable. Reasonable person
3) Unavoidable: consequential damages. Must communicate these circumstances at the time the contract was formed. Damages are not collectable if they could have been avoided.

Front 7

Reliance Damages

Back 7

1) fallback measures
2) it gives the amount of money that you spent in reliance of this contract/ return where plaintiff was before

Front 8

Situation where reliance is award

Back 8

1) When expectation measure is uncertain or speculative
2) when promissory estoppel claim asserted

Front 9

Punitive and nominal damages

Back 9

1) no punitive damages for breach of K in WA- only want to compensate plaintiff of her loss
2) Nominal damages are allowed

Front 10

Liquidated damages

Back 10

agreed damages- favored in WA if not a penalty.
2) test for penalty: 1) reasonable forecast of just compensation for 2) harm that is difficult to measure

Front 11

Specific performance

Back 11

Available 1) legal remedy is inadequate.
2) administration of remedy is not unduly burdensome to the courts
3) contract terms are certain and definite

Categories: Real estate. Goods, must be unique and no cover is available. Personal services

Front 12

Restitution: quasi-contractual relief

Back 12

Elements: benefit conferred. Conferring party had reasonable expectation of compensation. Benefits conferred at express or implied request. Unjust enrichment results.