Term
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Definition
| Holding: The purpose of awarding damages for breach of contract is to put the plaintiff in as good a position as he would have been had the defendant kept his contract |
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Term
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Definition
| Holding: When a construction contract is defectively performed then the measure of damages is the cost of remedying the defect |
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Term
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Definition
| Holding: The measure of damages for a purchaser in a sales contract is the difference between the contract price and the market price at the time and place of delivery |
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Term
| Expectation damages were awarded – the difference between the value of the hand as promised (100% good hand) and the hand delivered (the defective hand) |
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Definition
| What type of damages were awarded in Hawkins v. McGee? |
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Term
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Definition
| True/False: Expectation damages might not be awarded if they are too difficult to calculate, or if the value is indeterminate |
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Term
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Definition
| ____________ is the goal of contract damages |
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Term
| Missouri Furnace v. Cochran |
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Definition
| Holding: The measure of damages for an aggrieved buyer in a sales contract is the difference between the contract price and the market price at the time and place of delivery |
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Term
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Definition
| Holding: A seller may recover his lost profit from a sales contract when the buyer defaults on the purchase if the contract market differential measures of damages is inadequate to put the seller in as good a position as performance would have done |
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Term
| False; as shown in Neri v. Retail Marine Corp., the UCC does allow a defaulting purchaser to acquire restitution for money advanced by allowing the defaulting purchaser to recover that money in excess of the seller's damages |
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Definition
| True/False: According to the UCC, a defaulting purchaser may not acquire restitution for money advanced by allowing the defaulting purchaser to recover that money in excess of the seller's damages |
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Term
| Missouri Furnace v. Cochran |
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Definition
| Which case (related to damages) would have been ruled different had the U.C.C. been in place at the time? |
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Term
| Chicago Coliseum v. Dempsey |
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Definition
| Holding: In an action for breach of contract, a party can only recover on damages those which naturally flow from and are the result of the act complained of |
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Term
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Definition
| In Chicago Coliseum v. Dempsey, did the court apply an expectancy or reliance damages? |
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Term
| Aggrieved party; had been made |
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Definition
| Expectancy damages: Places the (aggrieved/breaching) party in the same position as they would have been had the contract (made/not been made) |
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Term
| Aggrieved party; had not been made |
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Definition
| Reliance damages: Places the (aggrieved/breaching) party in the same position as they would have been had the contract (made/not been made) |
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Term
| Breaching party; had not been made |
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Definition
| Restitution damages: Places the (aggrieved/breaching) party in the same position as they would have been had the contract (made/not been made) |
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Term
| True; this is known as the "Ugly Fountain" philosophy |
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Definition
| True/False: The landowner has a right to do what he wants with his property and courts should not allow damages to be solely the detrimental land value when that is less than the cost of completion. |
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Term
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Definition
| Promissory estoppel tends to favor ______ (type) of damages |
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Term
| Rockingham County v. Luten Bridge Co. |
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Definition
| Holding: When an aggrieved party receives notice of a major breach by the opposing contracting party, then the aggrieved party acquires an immediate duty to reasonably mitigate damages |
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Term
| Parker v. Twentieth Century-Fox Film Corp. |
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Definition
| Holding: Projected earnings from other employment opportunities only offset damages if employment is substantially similar to that of which the employee has been deprived |
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Term
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Definition
| Holding: The injured party may recover either those damages as may reasonably be considered arising naturally from the breach itself or may recover those damages as may reasonably be supposed to have been in contemplation of the parties, at the time they made the contract, as the probably result of a beach of it |
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Term
| Globe Refining Co. v. Landa Cotton Oil Co. |
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Definition
| Holding: Mere notice to a seller that a buyer has to take certain action to prepare for performance is not enough as a matter of law to charge the seller with special damages related to the preparation if the seller breaches |
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Term
| Valentine v. General American Credit, Inc. |
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Definition
| Holding: Mental distress damages are not recoverable in an action for breach of an employment contract |
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Term
| MindGames v. Western Publishing Co. |
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Definition
| Holding: A claim for damages for lost profits is excessively speculative if it is not supported by evidence that would allow a rational trier of fact to believe that enough units of the product would have been sold to yield the amount of lost profits claimed as damages |
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Term
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Definition
| Holding: Partial performance under an otherwise unenforceable contract gives rise to recovery only where the other party was benefited thereby |
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Term
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Definition
| Holding: A subcontractor in a breached construction contract may sue in quantum meruit for services rendered |
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Term
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Definition
| Holding: A party that breaches a contract for a specified term cannot sue to recover compensatory damages for partial performance |
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Term
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Definition
| Holding: Where labor is performed under a contract for a specified price, the party who fails to perform the whole of the labor contracted for can recover in quantum meruit the value of the labor performed to the degree it is greater than the damage to the other party |
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Term
| Pinches v. Swedish Evangelical Lutheran Church |
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Definition
| Holding: Where the deviation was not willful and the structure as built is reasonably adaptable to the desired purpose, the plaintiff may recover for the work performed less its diminished value |
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Term
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Definition
| Holding: A party breaching a land sale contract may recover the down payment if he can prove that no damages were inflicted upon the seller at the time of the breach |
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Term
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Definition
| Holding: A sum identified in a contract as a “forfeiture” is not to be regarded as liquidated damages |
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Term
| Samson Sales v. Honeywell |
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Definition
Where the parties have expressly agreed on the amount of damages the amount should be treated as liquidated damages and not as a penalty if:
1) If the damages would be uncertain as to the amount and difficult to prove
2) If the contract as a whole is not unconscionable, unreasonable, and disproportionate in amount as to justify the conclusion that it does not express the true intention of the parties
3) If the contract is consistent with the conclusion that it was the intention of the parties that damages in the amount should follow breach |
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Term
| Van Wagner Advertising v. S&M Enterprises |
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Definition
| Where there is substantial, reliable information as to the monetary value of the subject matter of a beached contract and where specific performance would create harm to the defendant disproportionate to its aid to the plaintiff, specific performance is not available |
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Term
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Definition
| A court of equity will not grant specific performance in a personal service contract because excessive court entanglement is necessarily involved |
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Term
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Definition
| A court may enjoin a performer from engaging in employment when the performer is under contract with another employer |
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