GNG 4170 Study Guide - Midterm Guide: Quantum Meruit, Equitable Remedy, Specific Performance

• School: University of Ottawa
• Department: General Engineering
• Course: GNG 4170
• Professor: All

Document Summary

In contract there is an obligation enclosed on the party that hasn"t 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 didn"t 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. 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 contract: specific performance. Order of the court that compels someone to do some act usually complete the contract. Rarely granted because when equitable and common law principles merged. If damages are considered a sufficient remedy equitable remedy is not possible.