07141
CONTRACTS
A. Applicable Law
Because it is a service contract, the common law and its remedies apply.
B. Contract Formation
A valid written contract was entered into.
C. Breach by Anticipatory Repudiation
Two months into the project, D unjustifiably repudiated the contract which entitled P to all the remedies at this time.
REMEDIES
A. Legal Remedies
1. Compensatory Damages
Expectation Damages: The amount of money P expected to earn under the contract minus the P could get paid for replacement work.
2. Consequential Damages: P would argue that he lost contract with Tammy.
casuation
certain
foreseeability
unavoidable
3. Reliance Damages
4. Incidental Damages
5. Lost Volume Seller (non UCC)
6. Mitigation
B. Restitutionary Damages (Legal/Equitable)
C. Equitable Remedies
1. Specific Performance
Valid, enforceable contract with terms certain and definite
Fully performed
Inadequate legal remedy
feasibility of enforcement
No defense