Remedies

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R2d 344

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judicial remedies under the rules serve to protect one or more of the following interests of a promise:

a) "expectation interest," - interest in having the benefit of his bargain by being put in as good a position as he would have been in had the k been performed

b) his "reliance interest" - the interest in being reimbursed for the loss caused by reliance on the k by being put in as good a position as he would've been in had the k not een made, or

c) "restitution interest," - interest in having restored to him any benefit that he has conferred on the other party

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R2d 345

Back 2

the judicial remedies available for the protection of the interests stated in 344 include judgment or order

a) awarding a sum of money due under the k or as damages

b) Requiring specific performance of a k or enjoining its non performance

c) requiring restoration of a specific thing to prevent unjust enrichment

d) awarding a sum of money to prevent unjust enrichment

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R2d 347

Back 3

subject to the limitation stated in 350-53, the injured party has a right of damages based on his expectation interest as measured by

a) the loss in the value to him of the other party's performance caused by its failure or deficiency, plus

b) any other loss, including incidental or consequential loss, caused by the breach, less

c) any cost or other loss that he has avoided by not having to perform

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reliance

Back 4

aim to pute the party in the position they would've been in had they never entered into the k.

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r2d 349

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the injured party has the right to damages based on his reliance interest, including expenditures made in preparation for performance or in performance, less any loss that the party in breach can prove with reasonable certainty the injured party would've suffered had the k been performed

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restitution

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recovery for the value of the benefit conferred; it's the form of recovery for quasi k.restitution interst is less than the expectation interest b/c the restitution doesn't include lost profits. but, sometime the restitution interest is preferred either b/c the expectation or reliance interests aren't calculable or b/c the restitution interest might be the only way to recover

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R2d 370

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a party is entitled to restitution under the rules stated in this restatement only to the extend that he has conferred a benefit on the other party by way of part performance or reliance

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R2d 371

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if a sum of money is awarded to protect a party's restitution interest, it may as justice requires be measured by either

a) the reasonable value to the other party of what he received in terms of what it would have cost him to obtain it from a person in the claimant's position

b) the extent to which the other party's property had been increased in value or his other interest advanced.

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specific performance

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an order to actually perform the k; not favored in k lw because the law doesn't want to force parties to perform; generally, specific performance will not be granted if money damages are adequate.

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R 2d 357

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(1) specific performance of a k duty will be granted in the direction of the court against a party who has committed or is threatening to commit a breach of the duty

(2) an injunction against breach of a k duty will be granted in the discretion of the court against a party who has committed or is threatening to commit a breach of the duty if

a) the duty is one of forebearance

b) the duty is one to act and specific performance would be denied only for reasons that are inapplicable to an injunction

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R2d 359

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(1) specific performance or an injunction won't be ordered if damages would be adequate to protect the expectation interest of the injured party

(2) the adequacy of the damage remedy for failure to render one part of the performance due doesn't preclude specific performance or injunction as to the k as a whole.

(3) specific performance or an injunction won't be refused merely because there's a remedy for breach other than damages, but such a remedy may be considered in exercising discretion under the rule stated in 357

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R 2d 360

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in determining whether the remdy in damages would be adequate, the following circumstances are significant:

a) the difficulty of proving damages with reasonable certainty

b) the difficulty of procuring a suitable substitute performance by means of money awarded as damages

c) the likelihood that an award of damages couldn't be collected

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R2d 367

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(1) a promise to render personal service won't be specifically enforced

(2) a promise to render persona service exclusively for one employer won't be enforced by an injunction gainst serving another if it's proable result will be to compel a performance involving personal relations with the enforced continuance of which is undesireable or will be to leave the employee without other reasonable means of making a living

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UCC 2-716

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(1) specific performance may be decreed where the goods are unique or in the other proper circumstances

(2) the decree for specific performance may include such terms and considerations as to payment of the price, damages, or other relief s the court may deem just.

(3) the buyer has a right to replevin for goods indentified to the k if after reasonable effort he is unable to effect cover for such goods or the circumstances reasonably indicate that such effort will be unavailing or if the goods have been shipped under reseravation and satisfaction of the security interest in them has been made or tendered. In the case of goods bought for personal, family, or household purposes, the buyer's right to replevin vests upon acquisition of a special property, even if the seller had not then repudiated or failed to deliver.

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specific performance elements

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- disfavored remedy

- actually requires the breaching party to actually perform the k

reasons for disfavor:

1. usually by the time BoC occurs parties don't want to keep working together

2. requiring someone to do something they don't want to do (unwanted servitude).

uniqueness doesn't automatically grant specific performance; there has to be a distinction between the physical difference and economic interchangeability