Category: Contracts

Contracts #38: Reliance Damages

Sometimes, for reasons discussed in earlier episodes, expectation damages will not be allowable. Other times, the expected damages will be zero or negative (ie the breached contract was a losing one). In those instances reliance or restitution damages might be requested. We will examine these alternate theories of recovery in the next two episodes.

Wartzman v. Hightower Productions
Walser v. Toyota Motor Sales

Contracts #33: Express Conditions

Express conditions are a way for the parties to structure which duties come due when. Oftentimes the non-occurrence of an express condition will prevent a contract from even being formed in the first place. We will also contrast express conditions with contractual duties, inasmuch as the doctrine of substantial performance is concerned.

Oppenheimer & Co. v. Oppenheim, Appel, Dixon, & Co.
JNA Realty Corp. v. Cross Bay Chelsea, Inc.
Morin Building Products Co. v. Baystone Construction, Inc.

Contracts #31: Breach III

We will briefly examine constructive conditions before transitioning onto repudiation. We’ll determine what remedies are available to someone who reasonably believes that the other party is about to breach (ie anticipatory repudiation). This episode will conclude our discussion of breach.

Truman L. Flatt & Sons Co. v. Schupf
Hornell Brewing Co. v. Spry