Exam 13: Breach and Remedies

Drew contracts to sell a residential duplex to Evan.The contract pro-vides that if Drew does not close the deal by September 15,he must pay Evan one-half of the contract price.This provision is not enforceable be-cause it is

Fact Pattern 13-1 Bella Homes enters into a contract to buy 132 acres from Watershed Holdings to subdivide and sell in fifth-acre lots for Pristine Meadow,a residential development. -Refer to Fact Pattern 13-1.If Watershed breaches the contract,Bella's remedy would most likely be

Dobry Die & Mold,Inc.,enters into a contract with Chet's Refitting Service to fix Dobry's precisely engineered molding equipment.If Chet's delays the repair for five days,knowing that Dobry will lose a certain percentage of profit for the delay,Dobry might be awarded consequential damages to

Grady enters into a contract to buy 440 acres from Hollis to expand Grady's ranch.Hollis breaches the contract.Grady's normal remedy is

A party seeking to recover in quasi contract must show that there was an actual contract or agreement between the parties.

A contract can include a provision stating that no damages can be recovered for certain types of breaches.

The duty owed under the mitigation of damages doctrine depends on the nature of the contract.

Compensatory damages compensate an injured party for damages arising from the loss of a bargain caused by a breach of contract.

Mitchell orally agrees to pay Lorena to plant and harvest a quarter of Mitchell's farm acreage for four soybean seasons.After Lorena prepares the land and plants the first crop,Mitchell says that their deal is off.Lorena can most likely recover

Whether a contract's limitation-of-liability clause will be enforced depends on the type of breach that the clause excuses.

The measurement of compensatory damages for breach of contract is the same for all types of contracts.

Clear Creek Corporation enters into a contract with Brightside Management Associates to manage and maintain Clear Creek's apartment complex.Their contract provides that neither party can recover damages for a non-fraudulent or unintentional breach.This is

If a party breaches a contract,the other party can choose one or more of several remedies.

Restitution involves one party's recapture of a benefit through which another party has been unjustly enriched.

General Equity Corporation enters into a contract with Honi,who agrees to create artwork for General's main office building.Honi delays and eventually refuses to perform.Meanwhile,General contracts to sell the building to Ideal Investments,Inc.,but before the transaction is complete,Jewel Funds Company offers to pay a higher price.General re-fuses to transfer the building to Ideal.In separate suits by General against Honi and by Ideal against General,each plaintiff seeks specific performance.How might the court rule in each case,and why?

A contract may include a clause stating that no damages can be recovered for a certain type of breach.

Cooper's Brakes,Inc.,enters into a contract with Byron's Service to fix Cooper's hydraulic equipment.Byron delays the repair for three days,but is not aware that Cooper loses a certain percentage of profit each day the equipment is out of service.Cooper is most likely to be awarded

Ordinarily,the remedy for a seller's breach of a contract for a sale of real estate is damages.

Even-Flo Hydraulics enters into a contract to repair valves and fittings in Fiesta Company's plant.If Even-Flo breaches the contract,Fiesta can

The measure of damages for the breach of a contract for a sale of land de-pends on which party breaches and when.