LW 221 Lecture Notes - Lecture 18: Helen Baxendale, Specific Performance, Expectation Damages
Document Summary
Someone breaches a contract when he fails to perform a duty without a valid excuse. A remedy is the method a court uses to compensate an injured party. Injunction (court order that requires someone to do something or refrain from doing something). Expectation damages (money required to put one party in the position she would have been in had the other side performed the contract). Specific performance (forces both parties to complete the deal). Hawkins sued: hawkins appealed when he did not feel he got a big enough award. *the injured party may recover consequential damages only if the breaching party should"ve foreseen them when the two sides formed the contract: bi-economy market, inc. v. harleysville ins. Co. of ny: bem was insured by harleysville insurance, policy provided replacement cost for damage to building/inventory and for business interruption insurance (loss of pretax profit plus normal operating expenses), bem caught fire.
