6 Written Questions
6 Multiple Choice Questions
- ● Damages
● Specific Performance
● Unilateral Rescission
- ● Inseminate cows
● "Stud was a dud"
● Court didn't grant consequential damages
- ● Money the innocent party expected to receive and keep if contract was fully performed
● If performance isn't 100%, then these damages can't be greater than if performed completely and received damages
- ● Money paid to innocent party for reasonably foreseeable future damages to innocent party resulting from guilty party breach
● Reasonably foreseeable by guilty party at time of contract
● Future damages to innocent party related to guilty party's breach of THIS CONTRACT
● Involves 3rd party - usually person dealing with innocent party - but not always
- ● Innocent Party should be placed IF POSSIBLE in exactly the same position as if guilty party had performed contract
● "Benefit of the Bargain"
- ● If not possible to give innocent party benefit of bargain
1. Permits IP to cancel contract - only IP
2. Returns IP to pre contract position or as closely as possible
● Least preferable of remedies - Why?
● doesn't give IP "benefit of bargain"
5 True/False Questions
Unilateral Rescission → Allowing the innocent party to cancel the contract and (try to) return to pre contract position
Hairy Hand Case → ● NYC mother in apartment with child
● Child grabs electric cord - gets 3rd degree burns
● Takes to hospital - if pay $, then doctor will take skin from thigh to cover the hand
● Hair follicle from thigh starting growing in the hand
● Hand doesn't look exactly like the other hand = breach of contract
Specific Performance → Requiring the guilty party to perform contract
4 Types of Damages → ● Compensatory
Specific Performance → ● Make the guilty party perform the contract
● When money damages are inadequate because subject matter in unique (land, jewelry, racehorses)
● Positive & Negative