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10 Cards in this Set

  • Front
  • Back
Specific performance
Making the promisor perform on penalty of being found in contempt of court
2 primary forms of specific performance
specific performance
Modern Test for SP
Only in cases where the witheld performance is unique, hard to replace, or one's remedy at law is inadequate
SP on land contracts
-uniqueness is pressumed
-If land already sold to another damages are the only remedy
SP for Goods
-non-quniueness presseumed
-Buyers right to Replevin from UCC 2-716
SP on Personal Service
-Generally not enforced
-If service is unique may enforce negative injunction
-Regular employes have non-compete agreements
Restitutiomn for Party in Breach of Contract
If you breach you can get your money back when: you don't get what you paid for, contract is voidable (mistake, fraud, etc)
quantum meruit
An action in restiution for unjust enrichment. Party in breach can recover from this
- generally breach party must show willful breach and unjust enrichment of the non-b party
Tortious Interference w/ K
- Must show malicious interference
- Must show tort doer had sufficient knowledge of the K
-Don't have to show that the tort doer knew the legal significance of the facts
Restitution and Quasi-Contracts
-contract/tort mix
-P must give D a benefit that is not gratutious or officious(except emergency)