Contracts

The principal remedies for breach of contract are specific performance and money damages. This lesson explores the circumstances in which a court is likely to award specific performance as a remedy. The lesson can be run either as an introduction to specific performance or as a review after you have completed your study.

This lesson examines specific performance as a remedy ordered by the court when the money damages will not be adequate. The author guides the student through common situations when the specific performance will be awarded as a remedy, such as the sale of unique goods (UCC § 2-716 and §2-709) or land and employment contracts. The considerations that courts bear in mind when awarding specific performance are also discussed. The lesson concludes with several review questions.

When the court awards money damages for breach of contract, it generally measures the damages by what is called the expectation measure or the expectancy. This lesson explains how those damages are calculated. It can be run either as an introduction to expectancy damages or as a review after you have completed your study.

The lesson takes a look at measuring expectation damages in a sale of goods contract governed by the UCC provisions. The author explains that even though the expectation/mitigation rule is not applicable to the sale of goods contracts, the UCC gives us the same results as common law. The concepts of incidental and consequential damages, as well as expenses saved, are also explained. The lesson ends with review questions on the subject.

In this lesson you will learn how to calculate damages when the Buyer does not deliver goods or repudiates the contract. First, the author reminds you about the concept of common law mitigation/expectation rule and then contrasts the results with the UCC provisions in this matter. Next, the differences between UCC § 2-713 and § 2-712 are explained. The lesson concludes with several review questions.

One of the rules that limits a plaintiff's recovery for breach of contract is the requirement that damages must be proven to a reasonable certainty. This lesson explores that principle. The lesson can be run either as an introduction to certainty or as a review after you have completed your study.

This lesson is part of a series that deal with contracts remedies. While proving the damages, a plaintiff has to prove damages with "reasonable certainty." This lesson explores that principle. The author discusses main concepts that explain the term "reasonable certainty" (the "new business rule", "traditional rule" and "current rule"). Examples of liberalization of the proof requirements for damages in the UCC and in the area of "psychic losses" are also covered.

The damages a plaintiff can recover for breach of contract are limited to those that are reasonably foreseeable at the time of contracting. This lesson explores the concept of foreseeability from its origin in the Hadley rule to more contemporary applications. The lesson can be run either as an introduction to foreseeability or as a review after you have completed your study.