Exam 16: Remedies for Breach of Traditional and E-Contracts

A construction contractor entered into a contract to build a family room addition onto Harry's home for $25,000.In order to encourage timely performance,the agreement provided that the contractor would be penalized $2,000 as liquidated damages for each day that the project was late in getting finished.The contractor was 30 days late in finishing the project,but otherwise met the terms of the agreement.What is most likely in this situation?

If Julia agrees to construct a platinum sailboat with green emeralds all around the bow of the boat and Ted decides to halt construction in the middle of the project,Julia may seek reformation of her contract with Ted to show she really intended to have him put rubies along the bow instead.

Which of the following types of damages could generally be simultaneously recovered in the same breach of contract action?

Henry took his Porsche to the shop for repairs,but it was not ready on Friday afternoon as had been agreed to.Henry was then unable to rent the car to his sister on Saturday for $400 to use in her wedding.Henry paid $60 to rent a car on Sunday for a trip to the mountains.The car repair shop knew about neither of Henry's planned uses of the car that weekend.Which is true?

Why is the general measure of compensatory damages "benefit of the bargain" rather than a measure based on returning the parties to the position that they were in prior to the contract? What do you think is the best approach?

If an employee breaches an employment contract,the employer can recover the costs incurred to replace the employee,plus any increase in salary paid to the new employee in excess of what would have been paid to the old employee.

Which of the following is not an equitable remedy?

What is required in order for a court to issue an injunction?

Another term for consequential damages is:

The doctrine that places a duty on a nonbreaching party to take reasonable steps to reduce damages is called:

When there is substantial performance of a contract with a minor breach,the other nonbreaching party may sue to recover the cost to repair the defect.

Should there be such a tort as the intentional interference with contractual relations? Even though one person might induce another to breach a contract,isn't it ultimately the choice of that other person to breach the contract? Why should one be liable if that person was not the one who actually breached the contract?

Punitive damages are always available for breach of contract.

Painter contracts to paint the interior of Owner's home for $2,000.In each of the following unrelated examples,indicate what amount of damages Owner is entitled to recover from Painter. A.Painter stops work when halfway finished.Owner pays someone else $1,700,a reasonable amount,to finish the work.Owner has paid Painter $700. B.Painter stops work when 75 percent finished with the job.Owner pays someone else $1,500,a reasonable amount,to finish the work.Owner has paid Painter $700. C.Painter stops work when 50 percent finished with the job.Owner pays someone else $1,800 to finish the job,but could have paid yet another person $1,500 to finish it.Owner has paid Painter $700. D.Painter stops work when 50 percent finished with the job.Painter finds someone who will finish the work for $1,100.However,the delay caused $200 in water damage and Owner missed an opportunity to rent an upstairs apartment in the home for $400 per month.Owner has paid the original painter $1,200 and the new painter $1,100.

A minor breach is most directly associated with:

Substantial performance constitutes a minor breach of the contract.

The primary goal of compensatory damages is to compensate a nonbreaching party for the loss of the bargain.

What is the general goal of awarding compensatory damages in a breach of contract situation?

"Benefit of the bargain" is descriptive of which type of damages?

Cases involving nominal damages are generally brought on "principle."