This lesson is part of a series that examines contract remedies. It covers the situation when the Buyer caused the breach and the UCC § 2-706 and § 2-708(1) are not the right measure of the seller's damages. You should run it after you have run the Contract Tutorials on Remedies - UCC Damage Rules. At the end of the lesson, you will find a number of review questions to help you better understand the subject.
- 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.
For better understanding, you should run this lesson after you complete the lesson Contract Tutorials on Remedies - UCC Damage Rules for Buyers. In certain situations, the UCC gives the court the power to award "profit plus reasonable overhead." This lesson will help you understand the terms "profit" and "overhead." Moreover, the author explains the difference between fixed and variable overhead and discusses the concept of lost profits. The lesson ends with several review questions.
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.
Reliance damages put the non-breaching party back in the same position the party was in before the contract was made. In this lesson, you will explore the distinction between reliance and expectation damages. Both concepts are illustrated by case law. Then, the author explains how the courts apply reliance and expectation rules when awarding damages. The lesson ends with review questions on this subject.
This lesson explains the concept of liquidated damages. A liquidated damages clause in a contract states what damages the breacher will owe the non-breacher in the event of breach. You will have a chance to familiarize yourself with some sample clauses. Moreover, the material deals with enforceability of the clause under the common law as well as the UCC (§ 2-718). The lesson ends with a number of review questions on this subject.
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.
This lesson discusses cost of completion as a remedy that is awarded when there is work still to be completed under a contract, or when the work called for under the contract was completed improperly. The author explains the relationship between expectation damages and cost of completion remedy. The lesson concludes with review questions.
The lesson addresses the concept of restitution as a remedy alternative to the expectation measure. The author discusses the elements that one has to prove to be awarded restitution. Next, the differences between reliance and restitution are explained. The material also covers the rule that contract bars the suit in restitution as well as exceptions to it. In the last part, the ways of measuring restitution damages are explained. The lesson ends with review questions on that subject.
The lesson begins with explanations of the terms substantial performance and substantial breach, followed by examples of each. The next section discusses factors listed in the Restatement that are taken into consideration when determining whether there has been a substantial breach. The doctrine of substantial performance in the sale of goods (UCC § 2-508) is described. The lesson ends with review questions.
This lesson explains the concept of excuse of performance by referring to K & G Construction Co. v. Harris. The author discusses factors that are taken into consideration when determining whether a breach was substantial and illustrates them in analysis of Walker & Co. v. Harrison. The next section covers interference as a basis for excuse, followed by a discussion about damages in excuse of performance cases. This lesson ends with a number of review questions to help you better understand the concept.
In this lesson the concept of foreseeability is illustrated by studying Hadley v. Baxendale. The author explains the meaning of the term "reasonably foreseeable" and presents multiple examples. The lesson ends with a several review questions on this subject.
Professor Scott Burnham discusses unconscionability, the Williams v. Walker-Thomas case, and reasonable expectations. This podcast is a perfect supplement to Professor Burnham's Unjust Terms (Unconscionability) CALI tutorial.