1 / 8

CONTRACTS Chapter 6. Remedies

CONTRACTS Chapter 6. Remedies. Remedies. A contracts to sell Blackacre to B for $100K B pays A a $1K deposit B spends $4K preparing for move Before transfer, market value of Blackacre rises to $150K A refuses to transfer title to B. Hawkins v. McGee - Redux.

rocio
Télécharger la présentation

CONTRACTS Chapter 6. Remedies

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. CONTRACTSChapter 6. Remedies Expectation Damages

  2. Remedies • A contracts to sell Blackacre to B for $100K • B pays A a $1K deposit • B spends $4K preparing for move • Before transfer, market value of Blackacre rises to $150K • A refuses to transfer title to B Punitive Damages

  3. Hawkins v. McGee - Redux • How does the trial court measure damages? • How does the New Hampshire Supreme Court measure damages? • What else might the court have done? Punitive Damages

  4. What damages should the doctor pay? • Mr. Hart’s answer: Difference between burned hand and hairy hand • New Hampshire Supreme Court’s answer: Difference between 100% perfect (or good) hand and hairy hand • A third option: Doctor’s fee Reliance Damages (349) Expectation Damages (347) Restitution Damages (373) Remedies

  5. Expectation Damages • GOAL: To put non-breaching party in as good a position as if breaching party had fully performed. • CALCULATING: How do we compute damages to achieve this goal? • Direct damages=Loss in value of subject matter of K due to breach (loss in value of performance) • Consequential damages=Losses resulting from breach which are reasonably foreseeable & unavoidable • incidental: costs of securing a substitute performance Remedies

  6. J.O. Hooker & Sons, Inc. v. Roberts Cabinet Co. • How are expectation damages awarded if there is an available substitute transaction? • How are expectation damages awarded if there is no available substitute transaction? • What if the contract is partially performed? • What costs are considered? Expectation Damages

  7. Groves v. John Wunder Co. Diminution in Value v. Cost of Performance • What is the breach? • What is the cost of performance? What is the diminution in value? • What does the court find to be the proper measure of Groves’s loss? Why? • What does the trial court argue? • What if the breach was willful? Expectation Damages

  8. Peevyhouse v. Garland Coal & Mining Co. • What is the breach at issue? • What is the cost of performance? What is the diminution in value? • What does the court find to be the proper measure of loss to the Peevyhouses? Why? • What is the dissent’s argument? • What about economic waste? Expectation Damages

More Related