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Exam 18: Contract Remedies

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Question 21

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If Nioma cannot prove a particular element of her loss with reasonable certainty, she is barred from recovering any of the loss arising from breach of contract by the other party.

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Question 22

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Bartow signed a contract to coach baseball for Washington High for a period of three years. After two years he is offered and accepts an assistant coaching position at State University. Contract law will not allow Washington High to ask for:

A) specific performance of his contract.
B) payment of compensatory damages.
C) an injunction against coaching at the university.
D) liquidated damages.

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Question 23

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Consequential damages include lost profits and injury to person or property.

Wayne breaches a contract with Tim causing damages of $25,000 in lost profits, when damages under ordinary circumstances would be $17,000. Explain under what circumstances a court would award $25,000.

According to the "American Rule," when contracting parties litigate over a breach:

Delay will have no effect on the power of avoidance.

The test of foreseeable damages is subjective.

At its discretion, a court of equity may grant an injunction against breach of a contractual duty when damages for a breach would be inadequate.

Damages for reliance include expenses for:

The usual remedy for breach of contract is:

Scott, a minor, sells his digital camera to Megan, who then sells it to Sherry. Under these circumstances:

The remedy for misrepresentation is specific performance of the contract.

The purpose of reliance damages is to place the injured party in a position as good as he would have held if the contract had not been made.

Punitive damages are not always awarded as a deterrent in breach of contract cases.

If the parties to a contract stipulate an amount that will be paid in the event of a breach, the courts will always enforce it.

David enters into a contract giving Edward the right of first refusal on a tract of land owned by David. David subsequently offers the land to Fred without first offering it to Edward. An appropriate remedy for Edward to seek would be:

Busby contracts to build a house for Connell. Busby finishes approximately half of the house and quits. Connell files suit against Busby. Which remedy is not available?

Eve agrees to sell her boutique to Shelley for $150,000. Shelley spends $60,000 on inventory and fixtures for the store, but then Eve repudiates the contract. Shelley is able to sell the inventory and fixtures for $45,000. Since Shelley cannot establish her lost profits with reasonable certainty, discuss what damages she should seek for Eve's breach of contract.

If West and Burton designated in their contract an amount to be paid in the event of a breach and the amount is found to be so high it is considered a penalty, the injured party will be left without a remedy.

Specific performance is the usual judicially granted remedy for breach of contract.