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Contracts (Contract (Consideration (A benefit to the Promiser OR a LEGAL…

- - - - If the promisee has a legal right/freedom/choice to something but give it up then the courts recognize that as consideration, no matter how much is given up (it could be a lot or a little, courts usually do not care about the inadequacy of consideration.
    - - Reciprocal inducement
        
        did the promise induce the action or other promise. and vise versa.
- - - - Definition:Put the non-breaching party in the position they would have been in had the contract been performed
      - General rule! This is normally the damages you would ask for.
      - How to measure:
        
        *Cost of Performance
        
        Equation expected - actual
        
        This is the primary way to measure.
        
        Diminution of value
        
        Equation Value before contract was made - Value after contract was made
        
        Use this when the cost of performance is grossly disproportionate to the value AND the breached provision is merely incidental
      - Mitigation: Non- Breaching party has an obligation to reduce damages caused by breach.
        
        Reasonable effort to reduce damages.
        
        should take jobs that are comparable and substantially similar to the original job. Similar in trade, community
        
        Not required to take jobs that are different or inferior to original job.
      - Damage must be Foreseeable at the time of the making of the contract
        
        Foreseeability is established with knowledge
        
        Actual or imputed knowledge
        
        Actual knowledge: You knew
        
        Imputed knowledge: you should have known
      - Damages must be Reasonably Certainty at the making of the contract.
    - - Put the non-breaching party in as good of a position as they would have been had the contract not been made
      - This is the expenses that the non-breaching party paid relying on the other party to follow through with the contract.
      - If expectation damages can not be measured with reasonable certainty, then reliance might be your next best step. OR if there is no loss of profits
    - - Benefit conferred on to the breaching party
        
        When the breaching party gains an unjust enrichment from the breach. Non-breaching party can recover those unjust enrichments.
      - Remedy for Legal obligation known as Quasi Contracts (implied in law obligations)
        
        Exception: Officious Intermeddler - took upon self, not asked to perform. No Remedy
        
        Exception to the exception: Breacher would have consented to the action.
        
        Emergency situations [Bodily harm or pain - could be considered emotional (debatable)]. why??? --> encourages helpful intervention.
  - - - The court will order the breaching party to follow through with the contract. Most common is an Injunction