LAW 122 Lecture Notes - Lecture 12: Fundamental Breach, Punitive Damages, Specific Performance

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Remedies for breach of contract: remedy 1 -> discharge (common law, remedy 2 ->damages (common law) - whether or not you discharge, you can still seek damages. General rule: plaintiff is entitled to damages for breach of contract (money) but never performance as a remedy. Except in rare clases, the plaintiff is not entitled to receive the exact thing they expected under the agreement. How to calculate: expected benefits - expected costs (market value of contract expectation) - (remaining costs the plaintiff had to pay) D agreed to sell a car to p, p make a downpayment of . D refused to deliver because he realized he was underselling- the (cid:272)ar"s (cid:373)arket (cid:448)alue is. Answer: (market value) - (remaining costs that were to be paid) D agreed to sell a car to p for , p made a down payment of . D refused to deli(cid:448)er e(cid:448)e(cid:374) though the (cid:272)ar"s (cid:373)arket (cid:448)alue is o(cid:374)l(cid:455) (cid:1004)(cid:1004)(cid:1004)

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