6 Written questions
6 Multiple choice questions
- If breach of contract, what can I do about it?
- ● 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
- ● Previously agreed damage amount
● In lieu of consequential damages, and maybe compensatory and expectancy above
● Why? - because people are risk averse
- Money [aid to the innocent party by the guilty party
- ● 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
- ● Damages
● Specific Performance
● Unilateral Rescission
5 True/False questions
General Remedy Rule → If breach of contract, what can I do about it?
Specific Performance → ● Make the guilty party perform the contract
● When money damages are inadequate because subject matter in unique (land, jewelry, racehorses)
● Positive & Negative
Unilateral Rescission → ● 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"
Baden Vs. Curtiss Breeding Service → ● Inseminate cows
● "Stud was a dud"
● Court didn't grant consequential damages
Specific Performance → Requiring the guilty party to perform contract