Chapter 19

Expenses that are caused directly by a breach of contract - such as those incurred to obtain performance from another source - are known as ... ...

Foreseeable damages that result from a party's breach of contract are called ... .... They are caused by special circumstances beyond the contract itself. They flow from the consequences, or results, of a breach.

When no actual damage or financial loss results from a breach of contract and only a technical injury is involved, the court may award ... ... to the innocent party. Awards of this type are often small, such as $1, but they do establish that the defendant acted wrongfully.

In most situations, when a breach of contract occurs, the innovent injured parrty is held to a duty to mitigate, or reduce, the damages that they have suffered.

A provision in a contract that specifies that a certain dollar amount is to be paid in the event of a future default or breach of contract.

Specifies a certain amount to be paid in the event of a default or breach of contract. This is designed to penalize the breaching party, not to make the innocent party whole.

Generally, to rescind a contract, both parties must make ... to each other by returning goods, property, or funds previously conveyed. If the property or goods can be returned, they must be. If the goods or property have been consumed, ... must be made in an equivalent dollar amount.

The equitable remedy of ... ... called for the performance of the act promised in the contract. This remedy is attractive to a nonbreaching party because it provides the exact bargain promised in the contract. It also avoids some of the problems inherent in a suit for damages, such as collecting a judgment and arranging another contract.

This is an equitable remedy used when the parties have imperfectly expressed their agreement in writing. This allows a court to rewrite the contract to reflect the parties' true intentions.

Generally, when one party has conferred a benefit on another party, justice requires that the party receiving the benefit pay the reasonable value for it. The party conferring the benefit can recover in ... ..., which means "as much as they deserves".

Under certain circumstances, a nonbreaching party may be willing to accept a defective performance of the contract. This knowing relinquishment of a legal right (that is, the right to require satisfactory and full performance) is called a ....