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.
1L - First Year Topics
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.
This lesson gives the student familiarity with contributory negligence, a defense to a negligence claim, and also with last clear chance, a "defense" to the defense. While these doctrines today are on the wane, students should be generally familiar with them for a full understanding of negligence and comparative negligence.
This lesson explores the cause of action of conversion as a means of compensation for intentional interferences with personal property. It will examine the several components of interest, invasion, conduct and remedy as the conceptual vehicles for study. Each section of the lesson will focus on one of these components, present the theory, and then give the student an opportunity to apply the theory or explore some of its ramifications. The lesson is designed to be comprehensive enough to be assigned without supporting textual assignment or classroom attention to the subject.
This lesson gives the basics of copyright and trademark research, including historical background, statutes, regulations, cases, secondary sources, international materials, and current awareness tools.
This lesson explores the issue of whether, in computing the expectation remedy, the court will award the cost of completion or the diminution in value. The lesson can be run either as an introduction to this aspect of damages or as a review after you have completed your study.