6 Written questions
6 Multiple choice questions
- Requiring the guilty party to perform contract
- Allowing the innocent party to cancel the contract and (try to) return to pre contract position
- If breach of contract, what can I do about it?
- Money [aid to the innocent party by the guilty party
- ● Damages
● Specific Performance
● Unilateral Rescission
- ● Innocent Party should be placed IF POSSIBLE in exactly the same position as if guilty party had performed contract
● "Benefit of the Bargain"
5 True/False questions
Specific Performance → ● Make the guilty party perform the contract
● When money damages are inadequate because subject matter in unique (land, jewelry, racehorses)
● Positive & Negative
Compensatory 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
Negative Specific Performance → ● Require guilty party not to do what guilty party agreed no to do in contract
● Injunction or Restraining Order
● Covenants not to perform
● Employee contracts - "The Sopranos"
Expectancy Damages → ● Amount of money to compensate innocent party for the money the innocent party spent to perform their part of the contract
● Labor and Material Costs
Baden Vs. Curtiss Breeding Service → ● Inseminate cows
● "Stud was a dud"
● Court didn't grant consequential damages