Exam 17: Breach and Remedies

Isabel orally agrees to buy a unique collection of nineteenth-century cowboy memorabilia for $10,000 from Jessie and sends $2,500 as a down payment. When Isabel pays the rest of the price,Jessie refuses to ship the collection. Isabel should seek

Under the doctrine of mitigation of damages,the duty owed depends on the nature of the contract.

Bread & Bagels Bakery (B&B)enters into a contract with Cineplex for discounted tickets for B&B's employees. Cineplex breaches the contract and B&B enters into a contract with DigiMovies for the same service at a lower price. B&B might be awarded nominal damages to

Guido and Hal want to rescind their contract under which Guido sold Hal a mountain bike for $100. To rescind the contract

The measure of compensatory damages often varies by type of contract.

Restitution involves one party's recapture of a benefit through which another party has been unjustly enriched.

Nominal damages are awarded for the breach of a contract to nominate someone or something to a higher office,position,or category.

Fortuna enters into a contract to buy fifty acres from Garrison to expand Fortuna's farm. Garrison breaches the contract. Fortuna's normal remedy is

A contract between Recreational Games & Rides,Inc.,and Summer Fair Corporation includes a provision excluding liability as a result of fraud. This provision is

Whether a contract's limitation-of-liability clause will be enforced depends on the type of breach that is excused by the provision.

The amount of compensatory damages is the value of a breaching party's promised performance.

Rough Hewn Lumber Company orally contracts with Joe for the purchase of five acres of Joe's timberland. Joe makes the transfer but Rough Hewn does not pay the price. The lack of a written contract could bar enforcement of this deal. If so,Joe could most likely recover on a theory of