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

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. The lesson can be run either as an introduction to foreseeability or as a review after you have completed your study.

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. 

Lesson Viewed

Mitigation

One of the limitations on the damages a plaintiff can recover for breach of contract is that the plaintiff has a duty to keep the damages as low as reasonably possible. This lesson explores this principle, which is called mitigation. The lesson can be run either as an introduction to mitigation or as a review after you have completed your study.

Lesson Viewed

Mitigation: Discussions in Contracts Podcast

This podcast explores the basic concept of mitigation, or, as it is sometimes called, avoidable consequences, which is used in computing damages. Mitigation is a principle that can limit a plaintiff’s recovery in a claim for breach of contract. The principle is stated in Restatement (Second) of Contracts § 350(1). The podcast also discusses Rockingham County v. Luten Bridge Co. and the twist on the common law rule of mitigation found in U.C.C. § 2-704. 

Lesson Viewed

Contract Tutorials on Remedies - Mitigation of Damages

This lesson deals with the doctrine of Mitigation of Damages, and examines Rockingham County v. Luten Bridge Co. The basic issues about mitigation are illustrated in a hypothetical scenario followed by a number of questions. Prior understanding of Expectation Measure of Damages is necessary to complete your study. The lesson ends with several summary questions.

Lesson Viewed

Cost of Completion

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.

Pages