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Remedies (Types of remedies (Equitable (Coercive remedies (Subject to…

- - - - Restore property to its rightful owner by returning P to a position held before a wrong or disgorge from a D any unjust enrichment
    - - Purpose to obtain a declaration of the rights / legal relations between the parties
    - - Ex. Injunction or specific performance order
      - Subject to equitable defenses
      - Traits
- - - - Intended to make D public examples of inappropriate behavior
    - - Parties stipulate a specified sum of money which would be payable ad damages to the non breeching party for a material breach of the contract
    - - Reliance
        
        Position you would have been in if had not made contract
      - Restitution
        
        When D has been unjustly enriched at P expense
      - Expectation
        
        What position you would have been in if no breach
- - - - Either
        
        Cost of replacement
        
        Unless clearly disproportionate to value of the benefit conferred
        
        If yes, then
        
        Always get if smaller
        
        Drop in value
        
        Actual drop in value or
        
        Drop in fair market value of entire property
      - Plus
        
        Lost use
        
        Money for late completion
        
        Options
        
        Interest on the value of the property
        
        Actual lost value
        
        Individual use planned
        
        Fair rental value
        
        Incidentals
        
        Money P has to pay for expenses incurred because of the breach
        
        Consequentials
        
        Money P expected to earn from downstream transactions
      - Minus
        
        Cost saved
        
        Money not spent that would have been spent if not for breach
    - - Restitution
      - Reliance
  - - - Categories