Podcast
Questions and Answers
What is the role of the general law of remedies?
What is the role of the general law of remedies?
The general law of remedies incorporates rules dealing with topics such as damages, restitutionary relief, specific performance, and punitive damages.
Why is the general law of remedies fundamental and important?
Why is the general law of remedies fundamental and important?
The general law of remedies reveals most of the leading policies of contract and related law.
In what capacities do lawyers turn to the general law of remedies?
In what capacities do lawyers turn to the general law of remedies?
Lawyers turn to the general law of remedies as planners, drafters, interpreters, counselors, negotiators, and litigators.
What standard was applied in the Washington case?
What standard was applied in the Washington case?
In Morgan v. Gamble, why was the plaintiff denied the benefit of the doctrine of substantial performance?
In Morgan v. Gamble, why was the plaintiff denied the benefit of the doctrine of substantial performance?
According to the ruling in Morgan v. Gamble, what would the owners be entitled to in a suit upon the contract?
According to the ruling in Morgan v. Gamble, what would the owners be entitled to in a suit upon the contract?
According to recent behavioral research, why do victims of breach feel injured?
According to recent behavioral research, why do victims of breach feel injured?
What did the first systematic exploration of the moral psychology of contracts find?
What did the first systematic exploration of the moral psychology of contracts find?
In the experiment, what was the average level of damages that subjects asked for?
In the experiment, what was the average level of damages that subjects asked for?
In the experiment, what percentage of participants believed that the court should enforce specific performance?
In the experiment, what percentage of participants believed that the court should enforce specific performance?
What is the 'correct doctrine' for measuring damages in a building contract?
What is the 'correct doctrine' for measuring damages in a building contract?
Why is the value of the land not considered in measuring damages for a breach of a building contract?
Why is the value of the land not considered in measuring damages for a breach of a building contract?
Would the element of value in the land have any relevance in reckoning damages in a grading contract?
Would the element of value in the land have any relevance in reckoning damages in a grading contract?
What factor is important when measuring damages for breach of construction contracts in the Twin Cities area?
What factor is important when measuring damages for breach of construction contracts in the Twin Cities area?
What are the three principal purposes of awarding contract damages?
What are the three principal purposes of awarding contract damages?
What is the restitution interest?
What is the restitution interest?
What is the reliance interest?
What is the reliance interest?
What is the expectation interest?
What is the expectation interest?
What is the distinction between the restitution interest and the reliance interest?
What is the distinction between the restitution interest and the reliance interest?
How does the reliance interest relate to the expectation interest?
How does the reliance interest relate to the expectation interest?
According to the author, which 'interest' presents the strongest case for relief?
According to the author, which 'interest' presents the strongest case for relief?
What is the justification for legal relief in the transition from compensation for change of position to compensation for loss of expectancy?
What is the justification for legal relief in the transition from compensation for change of position to compensation for loss of expectancy?
What was the reasonable cost of completing the performance?
What was the reasonable cost of completing the performance?
What would have been the reasonable value of the property on the determinative date if the defendant had left the premises at the uniform grade required by the lease?
What would have been the reasonable value of the property on the determinative date if the defendant had left the premises at the uniform grade required by the lease?
What was the measure of damages adopted by the decision?
What was the measure of damages adopted by the decision?
What is the rule regarding a contractor wilfully and fraudulently varying from the terms of a construction contract?
What is the rule regarding a contractor wilfully and fraudulently varying from the terms of a construction contract?
According to the text, why do lawyers turn to the general law of remedies?
According to the text, why do lawyers turn to the general law of remedies?
According to the text, what does the general law of remedies incorporate?
According to the text, what does the general law of remedies incorporate?
According to the text, why is the general law of remedies fundamental and important?
According to the text, why is the general law of remedies fundamental and important?
According to the text, which interest presents the strongest case for relief?
According to the text, which interest presents the strongest case for relief?
According to the text, why is the reliance interest broader than the restitution interest?
According to the text, why is the reliance interest broader than the restitution interest?
According to the text, what does the expectation interest entail?
According to the text, what does the expectation interest entail?
According to the text, what is the purpose of justice according to Aristotle?
According to the text, what is the purpose of justice according to Aristotle?
According to recent behavioral research, what do people seem to prefer as a remedy for breach of contract?
According to recent behavioral research, what do people seem to prefer as a remedy for breach of contract?
In the experiment mentioned in the text, what percentage of participants believed that the court should enforce specific performance?
In the experiment mentioned in the text, what percentage of participants believed that the court should enforce specific performance?
What was the average level of damages that subjects asked for in the experiment?
What was the average level of damages that subjects asked for in the experiment?
How did participants in the experiment rate breach on a scale of 1 to 7, where 1 was 'not immoral' and 7 was 'extremely immoral'?
How did participants in the experiment rate breach on a scale of 1 to 7, where 1 was 'not immoral' and 7 was 'extremely immoral'?
According to the author, what is the measure of damages adopted in the Washington case?
According to the author, what is the measure of damages adopted in the Washington case?
What was the ruling in Morgan v. Gamble regarding the measure of damages for breach of a building contract?
What was the ruling in Morgan v. Gamble regarding the measure of damages for breach of a building contract?
What did the court hold in Morgan v. Gamble regarding a building contractor who substituted an iron pipe for an extra strong lead water pipe?
What did the court hold in Morgan v. Gamble regarding a building contractor who substituted an iron pipe for an extra strong lead water pipe?
According to the text, what are the three principal purposes of awarding contract damages?
According to the text, what are the three principal purposes of awarding contract damages?
According to the text, what is the interest protected when the court forces the defendant to disgorge the value received from the plaintiff?
According to the text, what is the interest protected when the court forces the defendant to disgorge the value received from the plaintiff?
According to the text, what is the interest protected when damages are awarded to undo the harm caused by the promisee's reliance on the promisor's promise?
According to the text, what is the interest protected when damages are awarded to undo the harm caused by the promisee's reliance on the promisor's promise?
According to the text, what is the interest protected when the promisee is given the value of the expectancy created by the promise?
According to the text, what is the interest protected when the promisee is given the value of the expectancy created by the promise?
According to the text, what is the 'proper' measure of damages in case of substantial performance in good faith with remediable defects in a building contract?
According to the text, what is the 'proper' measure of damages in case of substantial performance in good faith with remediable defects in a building contract?
According to the text, what is the reason for not including the value of the land in any measure of damages for a willful breach of a building contract?
According to the text, what is the reason for not including the value of the land in any measure of damages for a willful breach of a building contract?
According to the text, what is the summit from which to reckon damages for a breached contract to improve land?
According to the text, what is the summit from which to reckon damages for a breached contract to improve land?
According to the text, why would diminishing damages recoverable against the owner in proportion to the small value of the land favor the faithless contractor?
According to the text, why would diminishing damages recoverable against the owner in proportion to the small value of the land favor the faithless contractor?
According to the text, what is the measure of damages adopted by the decision in the Washington case?
According to the text, what is the measure of damages adopted by the decision in the Washington case?
According to the text, what is the rule regarding a contractor wilfully and fraudulently varying from the terms of a construction contract?
According to the text, what is the rule regarding a contractor wilfully and fraudulently varying from the terms of a construction contract?
According to the text, what was the reasonable value of the property on the determinative date if the defendant had left the premises at the uniform grade required by the lease?
According to the text, what was the reasonable value of the property on the determinative date if the defendant had left the premises at the uniform grade required by the lease?
According to the text, what is the justification for legal relief in the transition from compensation for change of position to compensation for loss of expectancy?
According to the text, what is the justification for legal relief in the transition from compensation for change of position to compensation for loss of expectancy?
