Explore the legal terms and concepts related to Remedies for Unexcused Non-Performance. Click on any term below to learn more about its definition and applications.
How do you calculate damages in a breach of an employment contract?
If the employer breaches, then: (Full Contract Price), subject to a duty to mitigate If the employe...
When are covenants not to compete enforceable in California?
Generally, covenants not to compete are void and unenforceable in California as a matter of public p...
What is restitution?
Restitution tries to prevent unjust enrichment. Where a contract is unenforceable, a party may choos...
How do you calculate damages in a breach of a construction contract?
If the owner breaches before completion, then: (Profits from Contract) + (Costs Expended). If the ow...
What are reliance damages?
If one party's expectation damages are too speculative and they cannot prove them with certainty, th...
When are liquidated damages appropriate?
If (1) damages are difficult to estimate at the time of contract formation, and (2) the liquidated d...
What are avoidable damages?
Under common law, a nonbreaching party cannot recover damages that could have otherwise reasonably b...
What are consequential damages and when are they recoverable?
Consequential damages may be recovered only by the non-breaching buyer, and must be foreseeable. Dam...
What are incidental damages and when are they recoverable?
Incidental damages are always recoverable by a non-breaching buyer or seller, and consist of costs i...
Under the UCC, what formula is used to determine a seller's damages if a buyer breaches and the seller has not tendered any goods?
Either: (A): (Contract Price) - (Market Price at Time of Delivery) or (B): (Contract Price) - (Resa...
Under the UCC, what formula is used to determine a seller's damages if a buyer breaches and the buyer keeps the goods?
The amount due would simply be the contract price.
Under the UCC, what formula is used to determine a buyer's damages if a seller breaches and has not tendered any goods?
Either: (A): (Market Price at Time of Discovery of Breach) - (Contract Price) or (B): (Reasonable C...
Under the UCC, what formula is used to determine a buyer's damages if a seller breaches and the buyer keeps the goods?
Either: (A): (Fair Market Value If Goods Were Perfect) - (Fair Market Value as Delivered) or (B): (...
What are expectation damages?
Expectation damages protect the reasonable expectations of the parties by giving a party the benefit...
What are the monetary remedies for breach?
Money damages are intended to compensate the plaintiff, not punish the defendant. Types of monetary...
How do you calculate damages in the breach of a sale of land contract?
(Contract Price) - (Fair Market Value)
When may a buyer recover goods from a seller?
Where a buyer has made at least part payment of identified goods and the seller has not delivered th...
When may a seller reclaim goods from a buyer?
A seller can reclaim goods from a buyer only when: (1) the buyer was insolvent at the time it receiv...
When are covenants not to compete enforceable?
A covenant not to compete is enforceable only if (1) the services are unique; (2) the covenant is re...
When is specific performance unavailable as a remedy?
Specific performance is unavailable if there is an adequate remedy at law, or if any of the followin...
What is specific performance?
Specific performance is an equitable remedy under contract law, whereby a court issues an order requ...
Are damages recoverable when uncertain?
Uncertain damages are not recoverable, and are usually a problem with cases involving new businesses...
What are the non-monetary remedies for breach?
1. Specific performance 2. Injunction 3. Seller's Reclamation 4. Buyer's Recovery of Goods
