Chapter 17: Breach of Contract and Remedies

A quantum meruit remedy is equivalent to:

the reasonable value of the agreement

Courts may reform a contract:

to reflect the parties' true intentions

What is the difference between legal remedies and equitable remedies for breach of contract?

Legal remedies are monetary while equitable remedies are non-monetary.

LaVon contracts with Nathan for Nathan to sing at her comedy club every Friday night in July. The first Friday, the crowd loved Nathan. The second Friday, they booed him. The next week, Nathan got a better offer, so he hired his twin brother Ethan to fill in for him at LaVon's club. Can LaVon compel Nathan to perform?

No, because you cannot compel performance of person services under specific performance.

Manuel contracts to sell a painting that was painted by his deceased grandmother, then has a change of heart and decides to hang it in his own bedroom. He notifies Nadine, the person who had planned to buy it. Can Nadine have the contract enforced?

Yes, it can be enforced under the equitable remedy of specific performance.

Restitution is an appropriate remedy when:

a contract has been rescinded when the parties never had a contract a contract has been breached

Which of the following is an equitable remedy for breach of contract?

an order for specific performance

What is the principle that is applied to determine how much compensation a party receives in a quasi-contract settlement?

quantum meruit

Specific performance is a remedy which is always available in:

real estate contracts

Recission of a contract will

return the parties to the position they were in before the contract was formed