Exam 17: Breach and Remedies

Punitive damages are generally not awarded in an action for breach of contract.

Usually,a court will not award an equitable remedy unless the remedy at law is inadequate.

Equine World enters into a contract with FabuloSales to provide Equine World with a plan to repurpose its marketing strategy. If FabuloSales breaches the contract,Equine World has a duty to

Rig Heli-Pads,Inc.,enters into a contract to employ Scott as an on-site project manager for two years. If Rig breaches the contract,Scott has a duty to

An award of damages for a breach of contract can elevate the nonbreaching party to a better position than he or she would have been in if the contract had not been breached.

Courts order reformation most often when fraud or mutual mistake is present.

Specific performance will not be granted unless the party's legal remedy is inadequate.

The failure of one party to perform a contract entitles the other party to rescind it.

Tile & Grout (T&G)contracts to resurface the insides of the pools at WaterWorld Park. T&G knows that without the resurfacing,WaterWorld will have to delay its seasonal opening. T&G does not perform as promised. As consequential damages,WaterWorld can recover

Lunch Trucks,Inc.,contracts to deliver and serve Meals Catering Service's products to its clients for $5,000 per event,payable in ad-vance. Meals Catering pays the money,but Lunch Trucks fails to perform. Can Meals Catering rescind the contract? Can Meals Catering also ob-tain restitution? What does it mean to "rescind" a contract? How is a contract rescinded? What is restitution? How is restitution accom-plished? Explain.

A breach of contract entitles the nonbreaching party to sue for monetary damages.

A contract may include a clause stating that damages will be limited to a maximum amount.

Dino hires Eve to perform at Dino's Club,but Eve later breaches the agreement to accept a higher-paying job at First Star Arena. Dino files a suit against Eve. The court will most likely

Rescission is an equitable remedy used when the parties have imperfectly expressed their agreement in writing.

Leif contracts to sell his Micro Brewery & Pub to Naomi on April 1. On March 15,Leif tells Naomi that he will not go through with the deal. Naomi can recover

Oxley contracts to buy a pizza oven from Restaurant Supplies Warehouse (RSW)for $2,500,but RSW fails to deliver. Oxley buys the appliance else-where for $3,500. Oxley's measure of damages is

A party seeking to recover in quasi contract must show that he or she acted as a volunteer in conferring a benefit on another party.

Copper Conduit,Inc.,and Dependable Electric Company sign an agree-ment that provides for the payment of "$1,000 by whichever party commits a material breach of the contract that creates damages difficult to esti-mate but approximately $1,000." This is

Ordinarily,the remedy for a seller's breach of a contract for a sale of real estate is specific performance.

Rashi contracts to work for Social Data Analysis Corporation dur-ing June for $4,500. On May 31,Social Data cancels the contract. Rashi declines a job of a different type and rank with Tech Collection,Inc.,which would have paid $3,500. Rashi files a suit against Social Data. As compensatory damages,Rashi can recover