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