Reading...
Play button
Play button
Use LEFT and RIGHT arrow keys to navigate between flashcards;
Use UP and DOWN arrow keys to flip the card;
H to show hint;
A reads text to speech;
14 Cards in this Set
- Front
- Back
|
Remedies for Unexcused Nonperformance -- Non-Monetary
(4) |
1) Specific Performance
2) Injunction 3) Reclamation 4) Equitable Remedies |
|
|
Remedies for Unexcused Nonperformance -- Specific Performance
|
Usually last resort on Bar (so wrong answer)
Usually not goods, UNLESS - unique good NEVER service Ks - can get injunction though |
|
|
Remedies for Unexcused Nonperformance -- Reclamation
(3) |
1) Buyer insolvement at time of receipt
2) Seller demands goods w/in 10 days of receipt*** OR r/s time if express representation of solvency before delivery 3) Buyer still has goods at time of demand |
|
|
Remedies for Unexcused Nonperformance -- Money Damages
(GOAL in K) |
GOAL in K: compensate plaintiff, not punish defendant
|
|
|
Remedies for Unexcused Nonperformance -- Expectation Damages
(3) |
Expectation protects contracting parties' belief the other other will not breach.
1) Dollar value of performance w/o breach 2) Dollar value of performance w/ breach 3) Compare two |
|
|
Remedies for Unexcused Nonperformance
Expectation Article 2 |
Seller BREACHES, Buyer KEEPS good --> FMV if perfect - FMV as delivered
Seller BREACHES, Seller KEEPS good --> market price at time of discovery of breach - K price OR replacement price - K price Buyer BREACHES, Buyer KEEPS good --> K price Buyer BREACHES, Seller KEEPS good --> Resale price + (maybe) provable lost profits + INCIDENTAL -AVOIDABLE ALTERNATIVES: Reliance, LD |
|
|
Remedies for Unexcused Nonperformance -- Lost Profits for Volume
|
Can recover when loss of two potential sales
Key concept -- "inventory" Measure of Damages - Provable lost profit |
|
|
Remedies for Unexcused Nonperformance -- Incidental Damages
|
Usually cost of finding replacement
ALWAYS recoverable regardless of foreseeability |
|
|
Remedies for Unexcused Nonperformance -- Consequential Damages
|
on bar not GENERAL damages ANYONE could sustain
more SPECIFIC TO PLAINTIFF that Def has r/s knowledge to know of |
|
|
Remedies for Unexcused Nonperformance -- Avoidable
|
No recovery for damages that could have been avoided w/o undue burden on Plaintiff
|
|
|
Remedies for Unexcused Nonperformance -- Certainty
|
Keep an eye out for:
1) New Business 2) New Activity |
|
|
Remedies for Unexcused Nonperformance -- Reliance
|
Alternative to expectation
|
|
|
Remedies for Unexcused Nonperformance -- Liquidated Damges
|
Contract provision that sets damages in instances of breach. Qw
1) Damages difficult to forecast at time of K 2) r/s forecast? on bar exam -- set numbers are usually not LDC but a PENALTY |
|
|
Remedies for Unexcused Nonperformance -- Reliance
|
Damages based on Defendant's actual costs based on reliance
|
