Under expectation damages, the non-breaching party is seeking to obtain the benefit of the bargain (expected profits = price-cost). A promise to render personal service WILL NOT be specifically enforced. Create your own flashcards or choose from millions created by other students. Incidental Damages. If it was no reasonable for him to do so , or if he did discover the defect prior to his use, the injury would not proximately result from the breach of warrant, specific performance of a K duty WILL be granted in the discretion of the court against a party who has committed OR is threatening to commit a breach of duty (subject to the rules below), an injunction AGAINST breach of a K duty WILL be granted in the discretion of the court against a party who has committed OR is threatening to commit a breach of the duty, effect of adequacy of damages on specific performance or injunction, Specific performance OR an injunction WILL NOT be ordered if damages would be adequate to protect the expectation interest of the injured party, 1. difficulty of proving damages with reasonable certainty, Effect of uncertainty of terms on specific performance or injuction, Specific performance or an injunction WILL NOT be granted, Effect of insecurity as to the agreed exchange (specific performance or injunction). Nominal damages are a damage award issued by a court when a legal wrong occurred, but where there was no actual financial loss as a result of that legal wrong. E. A lessor may seek incidental damages. In American commercial law, incidental damages are a seller's commercially reasonable expenses incurred in stopping delivery or in transporting and caring for goods after a buyer's breach of contract, (UCC Sec. Something that happens by chance or without intentionAdjective 1 Ks for personal service (Employment) or supervision [injunction]. While “damages” generally refers to money awarded to a party who has suffered loss or injury, there are several different types of monetary remedies in the legal system. out-of-pocket damages suffered AFTER the breach and in mitigation of it. Limitations on Damages A. Remoteness/Foreseeability of Harm Loss is foreseeable when it follows from the breach: injured party has a RIGHT to damages based on his reliance interest: why choose reliance interest instead of expectation damages, if cannot prove his profit with reasonable certainty or in the case of a losing K under which he would have had a loss rather than a profit (in 2nd case however party in breach can prove LA and have it subtracted from the injured party's damages), to prevent unjust enrichment-requires benefitted party to return benefit, Damages are not recoverable for loss that the injured party could have avoided without undue risk, burden or humiliation, Damages are not recoverable for loss beyond an amount that the evidence permits to be established with reasonable certainty, Recovery for emotional disturbance will be excluded, The injured party has a RIGHT to damages for ANY breach by a party against whom the K is enforceable, his interest in having the benefit of his bargain by being put in as good a position as he would have been in had the K been performed, his interest in being reimbursed for loss caused by reliance on the K by being put in as good a position as he would have been in had the K not been made, his interest in having restored to him any benefit he has conferred on the other party, Seller's damages for non-acceptance or repudiation, measure of damages= unpaid K price - market price at time and place for tender + incidental damages - costs avoided, Buyer can recover from the seller as damages: K price - cost of cover + incidental damages + consequential damages - costs avoided, Buyer's Damages for Non-delivery or repudiation by the sller, measure of damages= K price - market price at time when buyer learned of the breach + incidental + consequential damages - costs avoided, Buyer's incidental damages from seller's breach, buyer's consequential damages from seller's breach, injuries proximately resulting from breach of warranty, where injury follows the use of goods without discovery of the defect causing the damge, the Q of proximate cause turns on whether it was reasonable for the buyer to use the goods without such inspection as would have revealed the defect. If you lose weight because you moved and must walk further to school, the weight loss was incidental to the move. UCC §2-713: Market Price minus Contract Price, plus incidental damages (2-715) UCC §2-717: On notice to Promisor, Promisee may deduct damages caused by breach from any part of the price still due under the same contract . Buyer's Damages for Breach in Regard to Accepted Goods. D. A lessor may seek incidental damages only if the damages are in an amount over $1,000. Difference between the contract price (employees contract) and new position that could have been obtained with effort (cost o f replacements)(Difference between x - y). These terms are often used interchangeably, but under the Uniform Commercial Code (UCC), they have distinct meanings. 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