Exam 17: Remedies

Damages must be estimated with reasonable certainty.

In a construction contract,there is a $1000 per day estimate of damages for each day that the contract runs over the completion date.The contractor is 30 days late when the job is completed,resulting in a prospective damage award of $30,000.What is this type of clause,and when will it be enforced?

Generally,reasonable liquidated damage clauses will be enforced:

Bob,a house builder,contracts with Ollie to build a house on Ollie's lot.The total price of the construction is $100,000,$20,000 of which will be Bob's profit.After Bob has put $10,000 worth of materials into the house,Ollie wrongfully refuses to let him finish the house.If Bob sues for damages,he will be able to collect:

Identify the considerations the United States Supreme Court outlined for calculating punitive damages.

Mercury Motors inadvertently mixes up a work order on Peter's car.Peter brought the car in to have the tires rotated.Mercury tuned up the motor by mistake,conferring a benefit on Peter.If Mercury Motors insists that Peter pay for the price of the tune-up,Mercury Motors:

All Seasons,Inc.ordered $5,000 worth of Christmas decorations from Santa,Inc.The shipment of decorations was to arrive no later than October 1,but did not arrive until December 1.All Seasons was able to purchase some of the unfulfilled order through other suppliers,but had to pay 15% more than the price under contract with Santa,Inc.As a result of the delay,All Seasons' sales were down 25%.All Seasons can recover:

Larry wanted to buy a 1957 Cadillac once owned by Reggie Jackson.Larry entered into a contract with the owner agreeing to pay $102,000.The owner subsequently changed his mind.If Larry sues,what remedies are potentially available?

Most courts hold that a seller of goods is not entitled to consequential damages.

Dr.Gonzalez ordered specialized surgical equipment from Physician's Supply Co. ,but his order was not delivered by the agreed date.Gonzalez is under no obligation to minimize damages since the contract was breached by Physician's Supply,not Gonzalez.

Marvin contracts with House Painters R Us to paint the interior of his house lemon yellow throughout.The total contract price is $7,000.House Painters R Us's anticipated profit on the job is $4500.If Marvin breaches the contract before House Painters R Us has begun work on the job and has not incurred any expenses,then its damages will be $7000.

Expectation interest can best be described as money spent in reliance upon the agreement.

Costs to store a vehicle for a short period of time after an auto dealer fails to complete the contract to purchase the vehicle would be:

Discuss the purpose of an injunction and how the two types of injunctions covered in the textbook are used.

Under the UCC,if a seller of goods breaches the contract,the buyer:

In a promissory estoppel case,a court will generally award:

Abigail signed a contract to purchase a new car from Wolf's Auto Sales Company.The seller breached its agreement by not delivering the car.Abigail went to another car dealer and purchased the same model of car at the same price.Although she had experienced a legal injury,Abigail has no actual financial or other damages as a result of the breach.If Abigail sues and wins,what type of damages will she be awarded?

In breach of the partnership agreement,Trimble,a partner in the partnership of Morris,Newt,and Oppie,Ltd.quits the partnership and goes to work for a competitor.The former partners may ask the court for:

Tess,a tenant,moves from her apartment in breach of the lease agreement.The landlord,Lenny,may not attempt to rent the apartment until the date of the lease expiration,and so has no recourse to minimize damages.

Reformation is: