LEB 320F 1st Edition Lecture 18 Outline of Last Lecture II Fraud a Value i Sarvis v Vermont State Colleges b Silence i Stambovsky v Ackley III Mistake a Bilateral i Beachcomber Coins b Unilateral IV Duress V Undue influence VI Writing in Contracts a Castillo v Rios VII Contracts not performable within 1 year VIII Statute of frauds IX Interest in real property X Sales of goods a Shattuck v Klotzbach XI Parol Evidence Rule Outline of Current Lecture XII Discharge a Conditions b Performance c Discharge by Breach d Discharge by agreement e Discharge by operation of law XIII Interpretation and breach XIV Rules XV Remedies a Compensatory damages b Mitigation of damages c Nominal damages d Liquidated damages e Specific performance f Injunction Current Lecture Ethical Paper write about an ethical experience that you faced how d you handle it appropriately inappropriately Final Exam NOT cumulative Discharge most are from full performance Conditions o Precedent Rincones v Windberg Funding from CA a condition precedent o Concurrent o Subsequent Performance o Full most of the time o Substantial sometimes Reading Pipecase Lane Wilson How deep the pool Amount of recovery Intention Satisfaction of the customer o Reasonable person standard Discharge by Breach o Must be material o Anticipatory repudiation Discharge by agreement o Rescission executory on both sides o Novation new deal that replaces old one o Accord and satisfaction Discharge by operation of law o Destruction of subject matter La Grasse Pool Construction v Fort Lauderdale Vandalism risk of loss On contractor until done o Bankruptcy o Impossibility o Commercial impracticability Not difficulties assumes by a party during contracting o Frustration of purpose Room to see the king s parade Interpretation and breach o Courts try to find the parties intentions through the parties actions and deeds o Objectively from a third parties perspective o Plain rule meaning Rules o Ordinary meaning o Specific controls general Handwriting over printing Construe against drafter Words over numbers Innes v Webb Earnest money Construe against the drafter v typed over printed Authorship rule used latst o UCC Course of Performance Course of dealing Usage of trade Remedies o Money o Compensatory Benefit of the bargain o Ericson v Playgirl Free pictures Not on cover 12K in advertising Too speculative to recover Compensatory damages must be foreseeable o Hadley in book o Damages in contemplation of the parties Mitigation of damages try to find a way to reduce damages o Must be done o Show other opportunities Nominal damages o No actuals resulting from behavior Liquidated damages o Certainty 1 Impossible to estimate 2 Not a penalty 3 Reasonable o United v Austin Travel 20 haircuts on rents Specific performance rare results in injunction usually over land Injunction o o o o
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