I. REMEDIES FOR BREACH
A. Specific Performance/ Injunction Class 2&3
1. 2-716- specific performance when the goods are UNIQUE or in other proper circumstances
a) Output and requirements k’s are unique
b) Inability to cover is evidence of a proper circumstance
2. 357 specific injunction is to the DISCRETION of the court
3. 359 specific performance is only provided if no adequate damages for the whole not just a part of the k
4. Min: 360 what will be considered in deciding there are adequate damages?
a) The difficulty of proving damages with reasonable certainty
b) Difficulty of procuring a suitable substitute (like 2-716 other proper circumstances) performance by means of money awarded as damages AND
c) The likelihood that an award of damages could not be collected
5. MAJ: says that a remedy of law must be as certain, prompt, complete and efficient to obtain justice as specific performance if one is to deny specific performance instead of going over the 360 factors
6. 365 not allow if contrary to public policy
7. 366 no specific performance if it would pose a burden on the court disproportionate to the benefit to enforce or supervise it
8. 362promise to render personal service (nondelegable or employment) will not be enforceable
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the party in breach or third persons
c) Exchange is grossly inadequate or the terms are otherwise unfair
10. additionally will be granted despite express term of agreement against if denial of the relief would be unfair by causing unreasonable hardship or loss to the party seeking relief or third person
B. Damages for lost expectation Class 4-6
1. Formulas galore
a) Formula A – 347
(1) Damages= Loss in Value + other loss – cost avoided – loss avoided
(2) Loss in value- difference in value of the item presented and that which was expected example suppose to build a house that is worth 10,100 and only has a fair market value (fmv) of 10,000 loss in value is 100 similarly if expected a 10,100 dollar house and no house then 10,100 dollars
(3) Other loss- incidental or consequential damages any damages that occur due to the nonbreacher looking for other job or goods to fulfill as well as any personal injury that might occur basically anything reasonably incurred
Cost avoided- the remaining expenses that would have been spent to complete the project or task
