4 Written questions
4 Multiple choice questions
- An injured parties ability to recover damages in a contract action is limited by three principles
- compensate for losses that occur as a consequence of contract.
- awarded in addition to the compensatory remedy that are designed to punish a defendant for particularly reprehensible behavior and to deter the defendant and others from commenting similar damages.
- is an equitable remedy whereby the court orders the breaching party to perform his contractual duties as promised.
4 True/False questions
Alternative damages → The normal measure of compensatory damage is not appropriate in every case.
When it is not appropriate, a court may use an alternative measure of damages.
Nominal Damages → compensate for reasonable cost that injured part incurs the breach in an effort to avoid further loss.
Liquidated Damages → The parties to a contract may expressly provide their contracts that a specific sum shall be recoverable if a contract is breached.
Legal Remedies (damages) three principles → A party can recover damages only for those losses that they can prove with reasonable certainty. losses that are purely speculative recoverable
A breaching party is responsible for paying only those losses that were foreseeable to him at the time of contracting.
Plaintiff injured by a breach of contract have the duty to mitigate (avoid or minimize) damages.