Law 2101 Lecture Notes - Lecture 15: Disability Insurance, Arson, Great Disappointment
14 Mar 2017
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Two kinds of remedies for breach of contract: specific performance/injunctions, damages. An order of the court compelling the party in breach to perform his or her part of the contract: unique / uncommon. If party fails to perform, they will be facing penalties for failing to abide by court. It was very rare that we could not find a situation that money was good enough. In deals such as real estate when land is unique, specific performance may be only option. E(cid:448)e(cid:374) i(cid:374) (cid:862)u(cid:374)i(cid:395)ue(cid:863) (cid:272)ases, spe(cid:272)ifi(cid:272) pe(cid:396)fo(cid:396)(cid:373)a(cid:374)(cid:272)e is (cid:374)ot al(cid:449)ays gi(cid:448)e(cid:374: expectation on innocent party is to find a replacement and minimize / mitigate damages. E. g. if performance of contract was ordering corn, could order it elsewhere even if more expensive: courts will not always make a party perform a contract even in unique cases. Sm waddams intro to study of law courts give two types of remedies, specific and monetary. Warner bros pictures vs. warner nelson (1937)
