Contracts II

A court-ordered remedy that requires precise fulfillment of a legal or contractual obligation when monetary damages are inappropriate or inadequate, as when the sale of real estate or a rare article is involved.

The recourse to principles of justice to correct or supplement the law as applied to particular circumstances; fairness

Specific performance is allowed when goods are "this"

Buyer gets the difference between the market price when the buyer learned of the breach MINUS the contract price PLUS incidental and consequential damages; UCC 2-713

Damages are usually not an adequate remedy absent substantial performance

Judge uses "this" to determine if specific performance is appropriate; look to see if plaintiff has clean hands; plaintiff bears burden to show damages are not enough

A court order preventing or commanding an action; Not granted as a matter of course, but only when plaintiff's damages remedy is inadequate;

A writ issued by a court to compel performance of a particular act by a lower court or a governmental officer or body, usually. to correct a prior action or failure to act.

Sufficient in amount to indemnify the injured person for the loss suffered.

Designed to punish, and rarely awarded in contracts. Sometimes, special trust relationships that lead one person to take advantage of another or bad faith actions will warrant

Always foreseeable; directly affect the deal; likely that they cannot be mitigated

May or may not be foreseeable; do not flow immediately from an injurious act

Losses reasonably associated with, or related to actual damages; likely foreseeable but not of great consequence

Type of indirect damage that may or may not have been foreseeable to breaching party; of greater importance

Something taking the place of the orignal thing in the contract