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Seller recovers [K price] + incidentals

Buyer recovers [value of goods as warranted] – [value of actual goods] + [incidentals and consequentials]

Buyer’s breach (buyer wrongfully refuses goods)

Seller’s breach (seller does not tender goods)

Seller recovers [K price] – [FMV at time and place for tender]

OR

[K price] – [resale price]

OR

[lost profits] (if volume seller)

OR

[K price] (if goods identified in K and seller unable to resell)

+ incidentals

Buyer recovers [FMV at time buyer learned of breach] – [K price]

OR

[cost of cover] – [K price]

OR

gets spec perf (if goods are unique)

+ incidentals and consequantials

Remedies — Reliance Damages

I

Gen’y

A

Reliance damages are based on COST INCURRED

B

Reliance dams AFFIRM the K

C

Are used in both bargain context and in non-bargain context (i.e., no K — donative promise, for instance)

II

Details

A

Reliance dams = costs P would not have had incurred but for K

B

When are rel dams awarded?  (Security Stove)

1

When exp dams NONEXISTENT OR DIFF TO CALC

2

Even if P incurred some expenses PRIOR to K w/ D, if he incurred those expenses in CONTEMPLATION of K, and would not have incurred them except for contemplated reliance, they are valid damages

a

Exp dams would have included these costs — so these costs are a rough way to calculate minimum exp dams

C

What is included in rel dams?

1

Opp cost, wasted expenses made in reliance (or in contemplation of reliance), others

D

Dams for late shipment.  (Security Stove)

1

Usu are exp dams: lost profit from late shipment = diff betw mkt value at time of expected delivery and actual delivery

2

But if no exp dams possible, then reliance dams: amt paid for shipment, consequentials

Remedies — Restitution

I

Gen’y

25

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