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Lecture 6 law (week after midterm).docx

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University of Ottawa
General Engineering

Lecture law 6march 7 2011In contract there is an obligation enclosed on the party that hasnt breached a contract innocent party That obligation is called mitigation which states that the innocent party has to take reasonable steps to minimize damages on a breach of contract Ex at home and hired a plumber and they didnt do a good job and water leaks on a comic collection You have to take reasonable step to minimize mitigation your loss like you should have moved the comics away Ex If you lose your job you have to take obligation mitigation to take reasonable steps in finding a new job There are 2 equitable remedies for breach of contract1Specific performanceorder of the court that compels someone to do some act usually complete the contractRarely granted because when equitable and common law principles mergedIf damages are considered a sufficient remedy equitable remedy is not possibleFungible itemsone thing is a complete and perfect replacement for anotherEx an ipod is damaged another identical ipod can be purchasedOne place where specific performance applies is landLand with these buildings this land does not exist anywhere else therefore damages may not be sufficient remedyTherefore court order to transfer land is issued specific performanceTakes the formyou must doCourts will rarely grant order Example Sellingbuying land considered unique historicallyOrder for specific performance2Injunction you must not do x it is a prohibition kind of the opposite of specific performanceInjunctions are much more common than specific performance as an equitable remedyIf someone is continually breaching contractand you get damages you have not stopped bleeding more damages next day an injunction stops the injuries from occurring from that point onTakes the formyou must NOT doEasily given ordersQuantum Meruit not traditionally common law or equitable remedyfrom latin meaning an amount deserved if goods or services are requested to be provided and there is no agreement on price the law implies the obligation of quantum meruitThe usual amount charged by the contractor for the good or serviceThat is the amount legally owed Ex go on a dinner on valentines day and there are no prices on the menu you never agreed on a price but there is still quantum meruit which is an amount deservedAn amount normally deserved for that amount and that amount is legally what is owing which is quantum meruit Ex doing work for someone they say oh btw can you also do this with no agreement on priceYou do work then attach the invoice of what you would usually chargeQuantum meruit
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