Professional Documents
Culture Documents
Remedies Flow Chart
Remedies Flow Chart
What did P seek to gain from the contract/performance? value? Intangible benefits to
argue for specific relief? Difficult to calculate like Epstein’s research assistant hypo?
Limiting $ damages:
Avoidable loss?
Avoided costs? Remedies Argue efficient breach for ct to provide
substit remedy rather than specific relief?
Unforeseeable loss?
Uncertain loss? UCC Equitable – when remedy
Legal
at law is inadequate** §360
Remember, theme is to
DAMAGES SPECIFIC RELIEF
compensate P for its loss, not
punish D, not reward P
Injunction 357(2)
Is there a liquidated Damages Walgreen: usually
Clause in the contract? §356 needs to show Specific Performance 357(1)
injunction but if
temporary, just show
Yes was inadequate
No
awarded ONLY if:
Are liquidated damages fair estimate Contract is clear (can k away?!)
of expectation damages? Cf. O’brian; Seek intangible benefits
Reasonable? Under UCC2-718 Leerjet Difficult to find substitutes §360(b)
Difficult to calculate damages
No Yes with reas. Certainty §360(a)
Uniqueness makes it imposs to
assess damages §2-716(1)
Look to Expectation Damages which are (land lease Van wagner says its not
benefit of bargain, intended to put victim Court will uniqueness but uncertainty in
where would be if k had been performed §345: enforce calculating damages/finding substitute)
liquidated
Are they either: damages
$0 or negative in amount;
Uncertain (i.e., new venture) Hollywood; or Shouldn't be too high vs. freedom to contract
Excessive given circumstances?
No
Yes Reliance damages awarded to put victim he would
be had the contract never been made. 349/2-715(1)
If jx treats PE as 17(2) contract, may award expec
Expectation Damages awarded to put victim where he
damages. But In jx that doesn’t treat PE as K law,
would be had contract was performed.
may only give reliance instead of expec damages.
(general expec, incidental=natural/direct costs,
These can include:
consequential [not always. Cf. RoC 351 Hadley – needs
to have been communicated. /UCC 2-715(2) Heim x-ray Cost of preparation/performance minus
case – Consequential damages not recoverable if breaching party’s showing w/ reasonable
reasonably can prevented by cover, but doctor ok b/c certainty that non-breaching party would have
relied on seller’s promises to fix. Don’t say “foreseeable incurred had K performed (avoided costs)
consequential cost” for UCC, but ok in RoC case]**) Difference between market $ and value as is
Contracts Page 1