New User Special Price Expires in

Let's log you in.

Sign in with Facebook


Don't have a StudySoup account? Create one here!


Create a StudySoup account

Be part of our community, it's free to join!

Sign up with Facebook


Create your account
By creating an account you agree to StudySoup's terms and conditions and privacy policy

Already have a StudySoup account? Login here

BLAW: Contracts continued

by: Madison Morman

BLAW: Contracts continued BLAW 3080

Marketplace > University of Cincinnati > Business Law > BLAW 3080 > BLAW Contracts continued
Madison Morman
GPA 3.82

Preview These Notes for FREE

Get a free preview of these Notes, just enter your email below.

Unlock Preview
Unlock Preview

Preview these materials now for free

Why put in your email? Get access to more of this material and other relevant free materials for your school

View Preview

About this Document

Chapter on contracts relating to damages.
Legal Environment of Business
Peter Burrell
Class Notes
Law, business, damages, remedy, breach, Contract, court, enforceable
25 ?




Popular in Legal Environment of Business

Popular in Business Law

This 1 page Class Notes was uploaded by Madison Morman on Sunday March 6, 2016. The Class Notes belongs to BLAW 3080 at University of Cincinnati taught by Peter Burrell in Summer 2015. Since its upload, it has received 28 views. For similar materials see Legal Environment of Business in Business Law at University of Cincinnati.


Reviews for BLAW: Contracts continued


Report this Material


What is Karma?


Karma is the currency of StudySoup.

You can buy or earn more Karma at anytime and redeem it for class notes, study guides, flashcards, and more!

Date Created: 03/06/16
Consequential  Damages     Consequential  (Special)  Damages:    In  addition  to  standard  damages,  a  party  can  collect  reasonably   foreseeable  damages  as  a  result  of  the  breach   -­‐Breaching  party  should  be  aware  that  if  they  don’t  perform,  it  would  cause  injured  party   additional  loss     Hadley  v.  Baxendale  case:    Hadley  owned  a  mill  that  went  down  because  of  a  break  in  the   crankshaft  so  Hadley  wanted  to  transport  the  broken  shaft  to  the  manufacturer  so  the  could  make   him  a  new  one.   -­‐He  knew  if  the  machine  doesn’t  work,  the  manufacturer  would  be  subjected  to  special  damages.     Hadley  v.  Baxendale  rule   • Innocent  party  may  recover  damages  arising  naturally  from  the  breach   • Innocent  party  may  recover  special/consequential  damages  IF  they  were  foreseeable   • Court  said  that  a  party  injured  by  a  breach  of  contract  can  recover  only  those  damages  that   should  reasonably  be  considered   • OR  might  reasonably  be  supposed  to  have  been  in  the  contemplation  of  both  parties,  at  the   time  they  made  the  contract,  as  a  result  of  the  breach.     Liquidated  Damages:    Damages  Agreed  in  the  contract   • Enforceable  IF  amount  is:    Reasonable  in  relation  to  the  actual  harm  done   o OR  is  NOT  a  penalty     Damages  for  Breach  of  Contract:    Court  asks  2  questions   1. When  contract  was  entered  into,  was  it  apparent  damages  would  be  difficult  of  estimate  in   event  of  a  breach?   2. Was  the  amount  set  as  damages  a  reasonable  estimate  and  not  excessive?     Punitive  Damages   • Not  available  for  breach  of  contract   • Available  for  fraud  –  tort  cause  of  action  –  or  bad  faith  breach  of  insurance  contract   • Fraud:    Has  to  be  a  false  statement  of  fact,  NOT  expressing  an  opinion     Equitable  Remedies   • Specific  Performance:    Used  with  land  or  unique  items   o Court  orders  breaching  party  to  perform  or  face  contempt  charges   o Available  if  interests  land  or  unique  personal  property   o Can’t  be  used  for  Personal  Service  contracts  (involuntary  servitude)   • Rescission:    Remedy  where  a  contract  is  canceled  &  parties  are  restored  back   o Available  for  fraud  and  other  material  contract  breaches    


Buy Material

Are you sure you want to buy this material for

25 Karma

Buy Material

BOOM! Enjoy Your Free Notes!

We've added these Notes to your profile, click here to view them now.


You're already Subscribed!

Looks like you've already subscribed to StudySoup, you won't need to purchase another subscription to get this material. To access this material simply click 'View Full Document'

Why people love StudySoup

Bentley McCaw University of Florida

"I was shooting for a perfect 4.0 GPA this semester. Having StudySoup as a study aid was critical to helping me achieve my goal...and I nailed it!"

Allison Fischer University of Alabama

"I signed up to be an Elite Notetaker with 2 of my sorority sisters this semester. We just posted our notes weekly and were each making over $600 per month. I LOVE StudySoup!"

Steve Martinelli UC Los Angeles

"There's no way I would have passed my Organic Chemistry class this semester without the notes and study guides I got from StudySoup."


"Their 'Elite Notetakers' are making over $1,200/month in sales by creating high quality content that helps their classmates in a time of need."

Become an Elite Notetaker and start selling your notes online!

Refund Policy


All subscriptions to StudySoup are paid in full at the time of subscribing. To change your credit card information or to cancel your subscription, go to "Edit Settings". All credit card information will be available there. If you should decide to cancel your subscription, it will continue to be valid until the next payment period, as all payments for the current period were made in advance. For special circumstances, please email


StudySoup has more than 1 million course-specific study resources to help students study smarter. If you’re having trouble finding what you’re looking for, our customer support team can help you find what you need! Feel free to contact them here:

Recurring Subscriptions: If you have canceled your recurring subscription on the day of renewal and have not downloaded any documents, you may request a refund by submitting an email to

Satisfaction Guarantee: If you’re not satisfied with your subscription, you can contact us for further help. Contact must be made within 3 business days of your subscription purchase and your refund request will be subject for review.

Please Note: Refunds can never be provided more than 30 days after the initial purchase date regardless of your activity on the site.