Contracts

  • This Subject Area Index lists all CALI lessons covering Contracts.
  • The Contracts Outline allows you to search for terms of art that correspond to topics you are studying to find suggestions for related CALI Lessons.
Lesson Viewed

Disclaimer of Warranty and Limitation of Remedies: Discussions in Contracts Podcast

The topic of this podcast is Disclaimer of Warranty and Limitation of Remedies. Warranties provided by the default rules of Article 2 are covered in a different podcast. This podcast will provide a basic overview of how the seller may disclaim warranties or limit the remedies for their breach. Topics covered include express warranties, the implied warranty of merchantability,  and disclaiming liability for consequential damages. Examples include an analysis of sections 2-312 and 2-316.

Lesson Viewed

Contract Tutorials on Remedies - Specific Performance

This lesson examines specific performance as a remedy ordered by the court when the money damages will not be adequate. The author guides the student through common situations when the specific performance will be awarded as a remedy, such as the sale of unique goods (UCC § 2-716 and §2-709) or land and employment contracts. The considerations that courts bear in mind when awarding specific performance are also discussed. The lesson concludes with several review questions.

Lesson Viewed

Expectation Damages

When the court awards money damages for breach of contract, it generally measures the damages by what is called the expectation measure or the expectancy. This lesson explains how those damages are calculated.

Lesson Viewed

Contract Tutorials on Remedies - Expectation Measure

When the court awards money damages for breach of contract, it generally measures the damages by what is called the expectation measure or the expectancy. Referring to Hawkins v. McGee, this lesson explains how those damages are calculated. It presents basic measurement problems, rules and definitions, and then asks students questions based on hypothetical scenario designed to test their understanding of the concept in practice. Awarding a monetary compensation for pain and suffering is also discussed. The lesson concludes with a series of review questions.

Lesson Viewed

Contract Tutorials on Remedies - Expectation Damages in Sale of Goods

The lesson takes a look at measuring expectation damages in a sale of goods contract governed by the UCC provisions. The author explains that even though the expectation/mitigation rule is not applicable to the sale of goods contracts, the UCC gives us the same results as common law. The concepts of incidental and consequential damages, as well as expenses saved, are also explained. The lesson ends with review questions on the subject.

Lesson Viewed

Contract Tutorials on Remedies - Expectation Damages in Sale of Goods - Buyer does not cover

In this lesson you will learn how to calculate damages when the Buyer does not deliver goods or repudiates the contract. First, the author reminds you about the concept of common law mitigation/expectation rule and then contrasts the results with the UCC provisions in this matter. Next, the differences between UCC § 2-713 and § 2-712 are explained. The lesson concludes with several review questions.

Lesson Viewed

Certainty

One of the rules that limits a plaintiff's recovery for breach of contract is the requirement that damages must be proven to a reasonable certainty. This lesson explores that principle. The lesson can be run either as an introduction to certainty or as a review after you have completed your study.

Lesson Viewed

Certainty: Discussions in Contracts Podcast

The topic of this podcast is the basic concept of certainty in computing damages. Certainty is a principle that can limit a plaintiff's recovery in a claim for breach of contract. According to Restatement (Second) of Contracts § 352, "Damages are not recoverable for loss beyond an amount that the evidence permits to be established with reasonable certainty." The podcast discusses what certainty requires and the purpose behind certainty. It further discusses when certainty might apply - such as in cases involving a new business or lost royalties - methods of proving certainty, and how certainty is treated in the courts. Several hypotheticals are explored, as is the case Freund v. Washington Square Press.  

Lesson Viewed

Contract Tutorials on Remedies - Proving Damages

This lesson is part of a series that deal with contracts remedies. While proving the damages, a plaintiff has to prove damages with "reasonable certainty." This lesson explores that principle. The author discusses main concepts that explain the term "reasonable certainty" (the "new business rule", "traditional rule" and "current rule"). Examples of liberalization of the proof requirements for damages in the UCC and in the area of "psychic losses" are also covered.

Lesson Viewed

Foreseeability

The damages a plaintiff can recover for breach of contract are limited to those that are reasonably foreseeable at the time of contracting. This lesson explores the concept of foreseeability from its origin in the Hadley rule to more contemporary applications.

Lesson Viewed

Foreseeability: Discussions in Contracts Podcast

The topic of this podcast is when consequential damages can be recovered for breach of contract because they are foreseeable. The podcast examines the rules established in Hadley v. Baxendale to determine if a loss is foreseeable and therefore recoverable as a consequential damage, as well as some practical effects of those rules. It also looks at how Article 2 of the UCC handles disclaimers for liability for consequential damages. 

Pages