1 george mason school of law contracts ii remedies this file may be downloaded only by registered...

*George Mason School of Law

Contracts II

RemediesThis file may be downloaded only by registered students in my class, and may not be shared by them

F.H. [email protected]

Next daySpecific Performance, Reliance, Restitution*

A controversial extension of law-and-economics

Might efficiency concerns tell us something about the responsibilities of the parties after breach?*

Efficiency Pre-breach*

Prior to breach or performance, the risks and duties to be assigned to the party best able to bear them: LCRA

Efficiency Post-breach*

Subsequent to breach, the parties still might usefully be given cost-reducing incentivesOtherwise, who pays?

Efficiency Post-breach*

Subsequent to breach, the parties still have to be given cost-reducing incentivesMitigationAnticipatory RepudiationRemedies

Mitigation*

The innocent partys recovery is limited to costs he could not reasonably have avoided post-breach

Which also explains Anticipatory Breach*

To put the innocent party on notice and trigger his mitigation requirementsTo let the party in breach start over

Fuzzy Anticipatory Breaches?*

What if the innocent party is unsure whether there is an anticipatory breach?UCC 2-609: Right to adequate assurance of performance

Fuzzy Anticipatory Breaches*

The onus on the innocent party?UCC 2-609: Right to adequate assurance of performanceAnd what if the innocent party isnt satisfied with that?


The innocent party to roll the dice?Flatt: a clearly implied threat of non-performance required


The innocent party to roll the dice?Flatt: a clearly implied threat of non-performance requiredOtherwise chill efficient renegotiations


A modern trend?Bonebrake at 812Decker at 811

Insolvency

Might be treated as akin to a repudiation under Restatement 252Right to assurance of performance. Restatement 251.Sellers Remedy in UCC 2-702*

Insolvency

Might be treated as akin to a repudiation under Restatement 252Right to assurance of performance. Restatement 251.Sellers Remedy in UCC 2-702But see Koppelon at 815*

Insolvency

Youre supplying goods or services to a party on credit. Youve heard that hes late on paying his bills. What do you do?*

Executory Contracts in Bankruptcy

Bankruptcy Code Sec. 365(a) The trustee, subject to the court's approval, may assume or reject any executory contract or unexpired lease of the debtor. *

Remedies for Breach of Contract*

*Hobbes, Leviathan 14.18 (1651)

If a covenant be made wherein neither of the parties perform presently, but trust one another, in the condition of mere nature (which is a condition of war of every man against every man) upon any reasonable suspicion, it is void

For he that performeth first hath no assurance the other will perform after, because the bonds of words are too weak to bridle men's ambition, avarice, anger, and other passions, without the fear of some coercive power; which in the condition of mere nature, where all men are equal, and judges of the justness of their own fears, cannot possibly be supposed. And therefore he which performeth first doth but betray himself to his enemy.If we dont provide remedies?

How Should Breach Be Punished?*

What if the punishment is specified in the contract?

Globe Refining at 93*Oliver Wendell Holmes

1841-1935


Youre the buyer. You anticipate that on breach youll incur damages of $50,000. You specify that seller will pay this on breachAny problems enforcing this (and not awarding buyer anything more or less than $50K?)*


In what circumstances do we not enforce contracts?*


Where do we not enforce contracts?Paternalism and Penalty Clauses

*


Where do we not enforce contracts?Paternalism and Penalty ClausesThe third party judicial externalities of specific performance

*


Where do we not enforce contracts?Paternalism and Penalty ClausesThe third party judicial externalities of specific performance

But that apart, no reason not to enforce the contract*

What happens when the contract is silent about the penalty, per Holmes?*

What happens when the contract is silent about the penalty?*Give them what they probably would have said if they had spoken about the matter.

What happens when the contract is silent about the penalty?*Which is to say, mimic the marketAnd why doesthis make sense?

Globe Refining p. 93

What damages did the seek? *


What damages did the seek? The difference between the contract price and the market price of cotton oil at the time of breach, andThe cost of sending the tank cars from Louisville to Texas*


What did Holmes award? The difference between the contract price and the market price at the time of breach?The cost of sending the tank cars to Louisville?

*


What did Holmes award? The difference between the contract price and the market price at the time of breachThe cost of sending the tank cars to Louisville

Only the formerand why was that?*

What is the purpose of damages?*

What is the purpose of damages?

Corrective justice?

Efficiency?*

What is the normal measure of damages

*


Damages are compensatoryThey are meant to put the innocent party in the position he would have been in had the wrong not been committed.*


Damages are compensatoryThey are meant to put the innocent party in the position he would have been in had the wrong not been committed.That satisfies corrective justice norms. But what about efficiency norms?*

What is the normal measure of damages at common law?

When the wrong is a tort, one puts him in his pre-tort position*


When the wrong is a breach of contract, how does one compensate the ?*


When the wrong is a breach of contract, how does one compensate the ?One makes him whole by putting in the position he would be in had the contract been performed*


When the wrong is a breach of contract, how does one compensate the ?In Globe Refining, the would have had the oil, but would have had to send the tank cars to Texas in any eventGiving him both is double counting*


Why was the measure of damages the difference between the contract price and (1) the price of oil at breach, rather than (2) the prince of oil at the time stipulated for performance? *


Why was the measure of damages the difference between the contract price and (1) the price of oil at breach, rather than (2) the prince of oil at the time stipulated for performance? Whats the innocent party supposed to do on breach?*

Freund at 95What are the three kinds of damages that are considered?Fuller and Perdue at 97*

Freund

What are the three kinds of damages that are considered?The Expectation Interest: Put the in the same position he would have been in had the contract been performedAnd whats that here?*

Freund

What are the three kinds of damages that are considered?The Expectation Interest: Put the in the same position he would have been in had the contract been performedIn this case, the royalties, which are too speculative to amount to anything*

Freund

What are the three kinds of damages that are considered?The Expectation Interest: Put the in the same position he would have been in had the contract been performedIn this case, the royalties, which are too speculative to amount to anythingThe Uncertainty Barrier*

Freund

What are the three kinds of damages that are considered?The Expectation Interest: Put the in the same position he would have been in had the contract been performedIn this case, the royalties, which are too speculative to amount to anythingNominal Damages*

Uncertainty Limits DamagesDempsey p. 101

*

Uncertainty Limits DamagesDempsey p. 101No recovery for expected ticket revenues*

Uncertainty Limits DamagesDempsey p. 101Does this undercompensate ?And give a temptation to breach?*

Uncertainty Limits DamagesDempsey p. 101What recovery was awarded?*

Freund

What are the three kinds of damages that are considered?The Expectation InterestThe Reliance Interest: Reimburse the for what he spent in reliance on the contract*

Freund

What are the three kinds of damages that are considered?The Expectation InterestThe Reliance Interest: Reimburse the for what he spent in reliance on the contractA Tortious measure: Put the in his pre-contractual position*

Freund

What are the three kinds of damages that are considered?The Expectation InterestThe Reliance InterestFor costs actually incurred, not hypothetically incurred as here*

Freund

What are the three kinds of damages that are considered?The Expectation InterestThe Reliance InterestQu. The analogy to construction contracts at p. 97*


Contracts II

Remedies


Next daySpecific Performance*

RemediesThe Goals of Contract Law RemediesSubstitutional Damages as CompensationThe Measure(s) of Damages:ExpectationReliance Restitution

*

RemediesThe Goals of Contract Law RemediesSubstitutional Damages as CompensationThe Measure(s) of Damages:The Interplay of the three measures and the paramountcy of the expectation interest

*

The goals of contract law damages

Compensation as Corrective Justice?

Compensation and efficient incentives?To performTo breach*

Substitutional Justice as CompensationThe assumption that money damages can cure all illsEvery loss is deemed fungible with moneyWhat follows from this?*

Substitutional Justice as CompensationThe assumption that money damages can cure all illsPresumptively, no specific performance*

Substitutional Justice as CompensationThe assumption that money damages can cure all illsPresumptively, no specific performancePresumptively, no punitive damages*

Substitutional Justice as CompensationThe assumption that money damages can cure all illsBut this collides with an uncertainty problem*

Substitutional Justice as CompensationThe assumption that money damages can cure all illsPresumptively, no remedy for emotional distress in contract law*

The Measure of Damages

How does the common law measure monetary damages in contract law?Restatement 344Expectation InterestReliance InterestRestitution Interest*

Expectation Interest

Whats the expectation interest in Globe?In Freund?

*

Reliance Interest

Whats the reliance interest in Globe?

*

Reliance Interest

Whats the harm that is corrected with a reliance award?

*

Restitution Interest

What is the Restitution Interest in FreundAnd what is the harm that is corrected by a restitutionary award?*

Bailey v. West*

When is quasi-contractual liability imposed?Benefit conferred on defendant by plaintiffAppreciation by defendant of the benefitIt would be inequitable to permit the defendant to retain the benefit

The interplay of the three measures of damages*

Awarding both expectation and reliance damages as double-counting

What did Holmes award in Globe? The difference between the contract price and the market price at the time of breachThe cost of sending the tank cars to Louisville

Only the formerand why was that?*

Awarding both expectation and reliance damages as double-countingExpectation Interest = Net Profits = Gross Profits less Reliance ExpensesGross Profits 100Reliance Expenses-60Net Profits 40*

Awarding both expectation and reliance damages as double-countingExpectation Interest = Net Profits = Gross Profits less Reliance ExpensesGross Profits 100Reliance Expenses-60Net Profits 40Awarding both net profits plus reliance expenses makes a party better off with breach than peformance*

Could reliance damages be less than the expectation interest?*

Could reliance damages be less than the expectation interest?

The hypothetical at p. 99John orders 10,000 bushels of wheat for delivery in two months at $1 per bushelMary breaches on the date of delivery, when the price is $2 per bushel*


The hypothetical at p. 99John orders 10,000 bushels of wheat for delivery in two months at $1 per bushelMary breach on the date of delivery, when the price is $2 per bushelWhat is the expectation interest? *


The hypothetical at p. 99John orders 10,000 bushels of wheat for delivery in two months at $1 per bushelMary breach on the date of delivery, when the price is $2 per bushelWhat is the reliance interest?*


Expectation reliance when opportunity costs are considered in competitive marketsBut not if reliance > expectation*


Test this in GlobeSuppose that Landa breached before Globe incurred any expenses, that Globe expected to spend 90k to make 100k.*


Suppose that Landa breached before Globe incurred any expenses, that Globe expected to spend 90k to make 100k.What is the expectation interest?*


Suppose that Landa breached before Globe incurred any expenses, that Globe expected to spend 90k to make 100k.What is the reliance interest*


Suppose that Landa breached before Globe incurred any expenses, that Globe expected to spend 90k to make 100k.What is the reliance interest?What assumptions are you making?*

Could reliance damages be less than the expectation interest?The Uncertainty BarrierWhat does the court know about the opportunities Globe had?*

Could reliance or restitution damages ever exceed expectation damages?

What if they give us different numbers?*


A agrees to build a house for B for $100k. A estimates that he will incur expenses of 90k in doing so.In fact, A unexpectedly and without fault incurs expenses of 120k.Can he recover for 120k?*

Is this inconsistent with the bargain?

Recall what Holmes said in Globe about what happens if the remedy is specified in the contractIn return for $100,000 or such higher amount it may cost me to build the house*


A agrees to deliver 200 oz. of gold to B in a month for $100k. A estimates that it will cost him $90k to buy the gold in a month.In fact, the price of gold unexpectedly increases and it costs A 120k.Can he recover for 120k?*


In these cases are reliance damages required as a matter of corrective justice?*


A agrees to build a house for B for $100k. A expects that he will incur $90k in expenses in building the house. A doesnt control his costs and it costs him $120k.Can A demand $120 from B for building the house?*


Reliance damages as an incentive problem if they exceed the expectation interest*


So far our intuitions about corrective justice seem to line up with efficiency criteria*

Could a restitutionary award ever exceed the expectation interest?

Montgomerys Estate at p.100?*

Could restitution damages ever exceed expectation damages?

A agrees to deliver 200 oz. of gold to B in a month for $100k. In fact, the price of gold unexpectedly increases and the gold is now worth 120k.Does A have a restitutionary claim for 20k?*

Recall what is needed to support a restitutionary claim*

Benefit conferred on defendant by plaintiffAppreciation by defendant of the benefitIt would be inequitable for defendant to retain the benefit

The primacy of the expectation interest*

So the expectation interest places a presumptive limit on reliance and restitutionary awards

Expectation and Cover in Globe *

Cover: UCC 2-711(1)(a)Incidental damages: UCC 2-713(1)

Expectation and Cover in Globe *Suppose that the purchase price of the cotton oil is 100K, that Globe has spent 10k in reliance expenses on the railway cars, and that on breach Globe covers by buying substitute oil for 120k in LouisvilleWhat damages would you award?

Expectation and Cover in Globe *Suppose that the purchase price of the cotton oil is 100K, that Globe has spent 10k in reliance expenses on the railway cars, and that on breach Globe covers by buying substitute oil for 120k in LouisvilleReliance damages = 30k 120k less 100k for coverPlus 10k in consequential damages

Expectation and Cover in Globe *Suppose that the purchase price of the cotton oil is 100K, that Globe has spent 10k in reliance expenses on the railway cars, and that on breach Globe covers by buying substitute oil for 120k in LouisvilleExpectation = 30k. Globe had to spend $130k (120k plus 10k) to be as well off as if the contract had been performed and he had paid 100k

See problem 7 at p. 101

What are the three possible kinds of damages here?*


What are the three kinds of damages that are considered?Reliance = $60,000*


What are the three kinds of damages that are considered?Restitution = $40,000*


What are the three kinds of damages that are considered?The expectation interest had the contract been performed: $100,000 - $90,000 = $10,000Expectation interest = Gross profit less reliance expenses

*


But what are the expectation damages when the other party breaches half way through?*


But what happens when the other party breaches half way through?Expectation damages = Gross Profit of 100k less remaining expenses of (90k less 60k =) 30k = 70K

*


Expectation damages = 70KJohn has mitigated by not spending 30K and that should be deducted from the 100KRestatement 344, illus. 2

*


Expectation damages = 70KJohn would have spent 90K to make 100K, but has only spent 60K and thus has saved 30K. If we give him the profit he would have made of 10k and the costs he has incurred to date of 60k, he is in the same position as if the contract had been performed

*


Expectation damages = 70KIf we give him less than 70k we leave him worse off than he would be had the contract been performed

*


Expectation damages = 70KIf we give him more than 70k, its like a windfall

*

Why is the expectation interest the contractual measure of damages?

A contracts to build a custom made machine for B for $100,000*


A contracts to build a custom made machine for B for $100,000We are permitted to infer that, ex ante, the machine was worth at least $100K to B and would cost less than $100K for A to build*


A contracts to build a custom made machine for B for $100,000We are permitted to infer that, ex ante, the machine was worth at least $100K to B and would cost less than $100K for A to buildIf A breaches, Bs expectation interest is the value of the machine less the $100K purchase price*


A contracts to build a custom made machine for B for $100,000We are permitted to infer that, ex ante, the machine was worth at least $100K to B and would cost less than $100K for A to buildIf B breaches, As expectation interest is $100K less the cost of construction*


A contracts to build a custom made machine for B for $100,000We are permitted to infer that, ex ante, the machine was worth at least $100K to B and would cost less than $100K for A to buildIf B breaches, As expectation interest is $100K less the cost of constructionLets assume that that is $60,000*


A contracts to build a custom made machine for B for $100,000If B breaches, As expectation interest is ($100,000 - $60,000 =) $40,000*


A contracts to build a custom made machine for B for $100,000If B breaches, As expectation interest is $40KSuppose that contract law awards A only $20K in damages*


A contracts to build a custom made machine for B for $100,000If B breaches, As expectation interest is $40KSuppose that contract law awards A only $20K in damagesHow might B exploit this?*


A contracts to build a custom made machine for B for $100,000If B breaches, As expectation interest is $40KSuppose that contract law awards A only $20K in damagesIf I breach, you get $20K, so Ill offer you $90,000 (= cost of construction plus $30k)*


A contracts to build a custom made machine for B for $100,000If B breaches, As expectation interest is $40KSuppose that contract law awards A only $20K in damagesThis invites opportunistic renegotiation by B when the machine is half built *


A contracts to build a custom made machine for B for $100,000If B breaches, As expectation interest is $40KSuppose that contract law awards A $80K in damages*


A contracts to build a custom made machine for B for $100,000If B breaches, As expectation interest is $40KSuppose that contract law awards A $80K in damagesNow A has an incentive to declare a breach*

Departures from the Expectation Interest

Departures from the expectation interest invite opportunistic breaches

*


Departures from the expectation interest invite opportunistic breachesThats inconsistent with our ideas about corrective justiceFrom an efficiency perspective, how would you expect the possibility of opportunism to play out ex ante?

*


Departures from the expectation interest invite opportunistic breaches

But what about non-opportunistic breaches?*

Efficient Breach

Holmes Path of the Law p. 102The common law is indifferent between the promisors choice either to perform or breach and pay damages*

Efficient Breach*Richard Posner

Efficient BreachCf. Casebooks hypothetical at p. 104A agrees to sell widgets to B for $1,000They would cost A $500 to make and are worth $1500 to BC subsequently asks A to sell widgets to him for $2,000A cant do both*

Efficient BreachCf. Casebooks hypothetical at p. 104A agrees to sell widgets to B for $1,000They would cost A $500 to make and are worth $1500 to BC subsequently asks A to sell widgets to him for $2,000A cant do bothWhat would the economist want?*

Efficient BreachCf. Casebooks hypothetical at p. 104A agrees to sell widgets to B for $1,000They would cost A $500 to make and are worth $1500 to BC subsequently asks A to sell widgets to him for $2,000A cant do bothThe economist would want the goods to end up with C with a minimum of transaction costs*

Efficient BreachCf. Casebooks hypothetical at p. 104How might the goods end up with C?*

Efficient BreachCf. Casebooks hypothetical at p. 104How might the goods end up with C?A might seek to enter into a termination agreement with B. Or he might just sell them to C*

Efficient BreachCasebooks hypothetical at p. 104Under expectation damages, A can make the goods for $500, pay damages of ($1,500 - $1000 =) $500 to B and sell them to C for $2,000 and make $1000

*

Efficient BreachCasebooks hypothetical at p. 104This moves the goods to their most highly-valued user without the need for renegotiation between A and B

*

Efficient BreachCasebooks hypothetical at p. 104But just how did we know that C valued the goods more than BDid some little bird tell us Bs valuation?

*

Efficient Breach

Suppose treble damages of $1500 were awarded to B?Will A sell to C?

*

Efficient Breach

Suppose treble damages of $1500 were awarded.A wont sell to C If he does hell pay damages of $1500 and would make a profit of only $1000

*

Efficient Breach

Suppose treble damages of $1500 were awarded.A wont sell to C If A doesnt sell to C, will C buy them from B?

*

Efficient Breach

Suppose treble damages of $1500 were awarded.A wont sell to C If A doesnt sell to C, will C buy them from B?But will C know who B is?

*

Efficient BreachCasebooks hypothetical at p. 104What about transaction cost economies?

*

Efficient BreachCasebooks hypothetical at p. 104What about transaction cost economies?With an efficient breach, well still have litigation or a settlement between A and B

*

Efficient Breach: what were assuming*

Efficient Breach: what were assumingImpossibility of a complete contingent contractThe parties can write the default remedy in their contract *

Efficient Breach: what were assumingImpossibility of a complete contingent contractThe goods might not get to C unless A breaches with B*

Efficient Breach: what were assumingImpossibility of a complete contingent contractThe goods might not get to C unless A breaches with B, orIf C buys from A, there is a transaction costs savings, in the sense that the cost of Cs negotiations with B exceeds the cost of Cs dealings with A plus those of B vindicating his rights against A*

Do we have a good faith problem here?

Would good faith norms require damages that exceed buyers lost profits?*


Would good faith norms require damages that exceed buyers lost profits?How much higher (since there is always a theoretical incentive for seller to breach?)*


Would good faith norms require damages that exceed buyers lost profits?How much higher (since there is always a theoretical incentive for seller to breach?)Might we have more bad faith (by the innocent party) with good faith?*


Contracts II

Remedies


Next daySpecific PerformanceReliance Damages?*

No mistakeZach Bodish, a 46-year-old University District resident, purchased what turned out to be an original Picasso print at a Volunteers of America thrift store in Clintonville for $14*

RemediesThe Goals of Contract Law RemediesSubstitutional Damages as CompensationThe Measure(s) of DamagesThe Interplay of the three measures and the paramountcy of the expectation interest

*

Just what do the parties expect from performance?

The ambiguity in the expectation interest*

Just what do the parties expect from performance

Where I bargain for an ounce of gold, my claim is unquestionably fungible with $$$And why is that?

*

Just what do the parties expect from performance

I buy a Picasso print from a gallery for $15,000, which I think would look nice in a bare spot in my living room. Before delivery, the gallery decides to sell it to a third party for $2,000What should I be awarded in damages?

*

Peevyhouse 872*

Just what does it mean to provide compensatory damages in contract?*

Just what does it mean to provide compensatory damages in contract?How do we put the in the same position he would have been in had the contract been performed?How would you calculate the damages?*

Just what does it mean to provide compensatory damages in contract?How do we put the in the same position he would have been in had the contract been performed?Cost of repairs: Give the enough $$$ to permit him to make the repairsDiminution of value: Give the the diminution of the market value of the property had the contract been performed*

Just what does it mean to provide compensatory damages in contract?How do we put the in the same position he would have been in had the contract been performed?Cost of repairs: Give the enough $$$ to permit him to make the repairsDiminution of value: Give the the diminution in the market value of the property had the contract been performedCan you think of a third option?*

Just what does it mean to provide compensatory damages in contract?How do we put the in the same position he would have been in had the contract been performed?Cost of repairs: Give the enough $$$ to permit him to make the repairsDiminution of value: Give the the diminution in the market value of the property had the contract been performedDiminution of subjective value?*

Just what does it mean to provide compensatory damages in contract?How do we put the in the same position he would have been in had the contract been performed?Cost of repairs: Give the enough $$$ to permit him to make the repairsDiminution of value: Give the the diminution in the market value of the property had the contract been performedDiminution of subjective value?Any problems here?*

Peevyhouse 872

Lease of farm for five years for stripminingCost of repair is $29,000Diminution of market value $300*

Peevyhouse 872

Lease of farm for five years for stripminingCost of repair is $29,000Diminution of value $300Jury awarded $5,000, which was more than the market value of the land even if the repair work had been done*

Peevyhouse 872

Lease of farm for five years for stripminingCost of repair is $29,000Diminution of value $300Jury awarded $5,000, which was more than the market value of the land even if the repair work had been doneAnd on appeal?*

Peevyhouse

How valuable was the land?The s had a few years earlier bought 80 acres at $12 an acre ($960)*

Peevyhouse

Why do you think Garland agreed to this crazy contract?*

Peevyhouse

Why do you think Garland agreed to this crazy contract?Why didnt it buy the land?*

Peevyhouse

Why do you think Garland agreed to this crazy contract?Why didnt it buy the land?Why didnt it offer a flat amount for the damages to the land?The contract gave the s the option of $3000 versus repairing the hole*

Peevyhouse

Would it be economic waste to restore the land?*

Substantial Performance

Remedies in Plante v. Jacobs at 688Diminished value preferred to cost of repair Economic waste in this case*

Peevyhouse

Would it be economic waste to restore the land in Peevyhouse?How would you define economic waste?*

Peevyhouse

Is there a principled way to choose which measure of damages to adopt?*

What happens when the contract is silent about the penalty?*Give them what they probably would have said if they had spoken about the matter.

Peevyhouse

Suppose the facts of the case had been put to the parties at the time of contracting. What do you think they would they have bargained for?Maute at p. 878

*

Peevyhouse

Suppose the facts of the case had been put to the parties at the time of contracting. What do you think they would they have bargained for?We know that the s wanted more than $3000.*

Peevyhouse

Suppose the facts of the case had been put to the at the time of contracting. What would he have bargained for?I can see the possibility of undercompensation. But can you see the possibility of overcompensation?*

Peevyhouse

Suppose the Peeveyhouses got the $29,000. What do you expect they would do with it?*

Peevyhouse

The dissent by Irwin:How would he have decided Jacob & Youngs v. Kent?*

Peevyhouse

The dissent by Irwin:Is it helpful to note that s breach was willful?*

Willful deviations as Conditions

Cf Grun Roofing at 684Contractor must have intended to complyMaterial Movers at 687Can you justify this on efficiency grounds?*

American Standard 868

*Tonawanda!!!

American Standard

What was the to do?And why did it breach?*

American Standard

Cost of completion was $110.5K

Semble diminution of value was around $3K*

American Standard


Semble diminution of value was around $3KWe sure about that?*

American Standard


Semble diminution of value was around $3KSuppose the parties knew that the diminution of value was $3,000. How would they have bargained?*

American Standard


Semble diminution of value was around $3K

So what did the bargain for? Moneys worth or full performance*

American Standard

So what did the bargain for? Moneys worth or full performanceDisparity in economic benefits is not the equivalent of economic waste in Jacob and Youngs v. Kent*

American Standard

So what did the bargain for? Moneys worth or full performanceDisparity in economic benefits is not the equivalent of economic waste in Jacob and Youngs v. KentThe breach was incidental to the main purpose in Peevyhouse (?!?)*

American Standard

Did the land have idiosyncratic or sentimental value in Peevyhouse?Did subjective value > market value?

*

American Standard

Did the land have idiosyncratic or sentimental value in Peevyhouse?

And here?Tonawanda!?!?!*


Contracts II

Specific Performance


*****

1 george mason school of law contracts ii remedies this file may be downloaded only by registered...

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