Exam 13: Breach of Contract and Its Remedies

A promissor is entitled to enforce a contract when it has performed to the best of its ability even though its performance does not comply in a major way with the requirements of a contract.

Construction of the shopping centre was to be completed by October 15 (late penalties were included in the contract)and tenants such as FabricLand would move in by November 1.However,the contractor for the shopping centre was 43 days late in completing and now FabricLand is suing the shopping centre owner for ________ damages,and the shopping centre owner is suing the contractor for ________ damages.

Generally speaking,to successfully seek an equitable remedy for breach of contract,a plaintiff must

Lambhair Corp.contracted with Prof.Jones for a two-week series of seminars with employees in the Appliance Division.Prof.Jones put in 10 days of specific preparation only to have the series cancelled at the Appliance Division and rescheduled at the Tool Division.This change required Prof.Jones to put in another 5 days of specific preparation.This change was a breach of the original contract.Prof.Jones is entitled to what type of damages?

An anticipatory breach occurs where a party to a contract fails to perform its obligations under the contract on the date set for performance of the contract.

Use the fact situation in Q8 to answer the related question that follows. In deciding whether you should win your lawsuit against the parking lot owners,the court will

In an action to enforce a covenant in restraint of trade in an employment contract,the court may grant an injunction.

Rachel had been looking forward to her two weeks of vacation in Paris,France,with a Never Late Inc.tour group.The day before the tour was to leave Toronto,Rachel was told that the entire tour had to be cancelled because of a "mix-up in hotel accommodations." She was immediately given a full refund of her money.What sort of additional damages is Rachel entitled to?

Use this fact situation to answer the questions that follow. You are driving into the north entrance of a parking lot and pull up beside the ticket machine.At the south entrance facing out into the street is a sign that says: "The owners of this lot will not be responsible for any loss or damage however caused to a motor vehicle while parked in this lot." You take a ticket from the machine,park your car,and leave.When you come back,your car has been broken into and its contents stolen.You now wish to sue the parking lot owners. The sign facing out into the street contains

How can the judgment creditor extract money from the judgment debtor?

Alice Munroe entered into a contract with Joe Green for the sale of Alice's car to Joe.Joe's plan was to use the car for parts.After the sale had been completed and the car was partially dismantled,Joe discovered that the transmission had been cannibalized.In other words,some of the transmission parts had been removed.Joe wished to get his money back from Alice.Discuss whether or not he is entitled to his money back.

A party seeking an equitable remedy must come to court with "clean hands." Explain.

Specific performance will NOT generally be available for breach of a contract for

What is anticipatory breach,and why is it considered to be a form of express repudiation?

Explain the notion of continuous expectation of performance.

A genuine estimate of damages contained in a contract as a term of the contract can best be described as

On April 10,Mel entered into a contract to sell his house to Nan at a price of $300 000.Title was to transfer May 31.Nan paid Mel a deposit of $20 000.A clause in the contract between them said: "If the buyer does not complete as specified,the seller can elect to keep the deposit as liquidated damages." On April 30,Nan told Mel she could not complete the contract because she could not sell her own house.Mel immediately entered into a contract to sell his house to Paul for $320 000.Nan insists that Mel return her deposit because he has suffered no damages.Will a court order Mel to return her deposit?

Where a creditor serves an employer with an order that requires the employer to retain a portion of the debtor's wages each payday,the employer has been served with an execution order.

The Lockheart Community has a restrictive covenant that does not allow more than a 1 metre solid fence within 3 metres of any public walkway.Ignoring the covenant,Mr.Bailey starts to build a 2 metre high rock wall along his front sidewalk.Mr.Bailey might be subject to

The consequences of a purely economic approach to breach of contract can result in