lawstoodentt wrote:Oh okay.
1. Avoiding Enforcement
2. Justifications for Nonperformance
3. Consequences for Nonperformance
4. Expectation Damages
5. Alternative to Expectation Damages.
That's what I figured, but even so, it's hard to find clarity on the topics listed.
This is basic stuff. You just need to crack the code and realize that your syllabus may use different terms to convey the same message/topics.....
#1 and #2 sound like "defenses to breach."
Look there.
#3 abd #4 are what the non-breaching party can consider against the breacher anyway.
Look there.
Also: this is Breach analysis (major or minor breach, and what duties are still required/dismissed accordingly)
So .. "is party A released from duty because of party B's non-performance" = major/minor breach issue
#5.... is more of #3 and #4.
There are remedies for breach above and beyond the contract. That is likely what this is.
Look for: Restitution, unjust enrichment, Quantum Meruit, etc..
Plus other damage analysis' ON THE K.
You have more than one way to sue in a K issue.
Sue ON THE K/four corners and damages.
Or sue in alternative ways ....
Looks like you are about to learn this...
This will help you a lot if your Bar exam covers "remedies" so pay attention.
