Breach of Contract and Promissory Estoppel in Virginia

MEMORANDUM To:   Partner  From: Associate Re:   Memorandum Assignment, Johnson v. Bully Co. (with attachments)  Date:  January 28, 2014 Discussion To enable the claims survive the anticipated demurer, we need to prove legal basis for them. For “breach of contract” claim, to survive the anticipated demurer grounded on the alleged at-will employment of client Mr. Ted […]

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Limitations on damages: uncertainty

Limitations on damages Avoidability §350 (1) Luten, Parker Incomplete/defective performance – loss in value to P – loss in market value – cost to remedy or complete §348(2); Jacob & Youngs; Peevyhouse (But see Groves) Unforeseeability §351 Uncertainty §352 What may be uncertainty? fact of loss Collatz; but see §348 (3) extent of loss Fera Value of loss […]

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Remedies for breach of contracts: Expectation, reliance and restitution interests

NOTES: Enforcement of a promise by specific performance limited availability grounds for denying damages are an adequate remedy 359(1), 360 bargain was unfair 364 (1)(c) other limits we have not seen Enforcement of a promise by judgement for money damages general availability possible measurements expectation reliance restitution nominal liquidated limitations avoidability, uncertanity, unforeseeability, etc. NOTES: […]

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Limitations on damages, avoidability

Limitations on damages Avoidability §350, Luten, Parker Incomplete/defective performance loss in value to plaintiff loss in market value cost to remedy or complete §348(2) Unforseeability §351 Uncertainty §352 §350. Avoidability as a Limitation on Damages (1) Except as stated in the subsection (2), damages are not recoverable for loss that the injured party could have […]

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Limitations on damages, unforeseeability

§351. (1) Damages are not recoverable for loss that the party in breach did not have reason to foresee as a probable result of the breach when the contract was made. (2) Loss may be foreseeable as a probable result of a breach because it follows from the breach (a) in the ordinary course of […]

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Limitations on damages, incomplete or defective performance

Limitations on damages Avoidability §350 (1) Luten, Parker Incomplete/defective performance – loss in value to P – loss in market value – cost to remedy or complete §348(2); Jacob & Youngs; Peevyhouse (But see Groves) Unforeseeability §351 Uncertainty §352 choices of remedy: 1. loss in value (difference in market value of the expected and received […]

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Rigid Scrutiny On Exculpatory Clauses of Standardized Contracts

Some jurisdictions and legislatures have been doing rigid scrutiny on exculpatory clauses of standardized clauses, for the public or quasi-public interests. Because as a layman who might neglect the clauses when entered into a contract with certain powerful industry leaders without equal bargaining process, and this kind of exculpation of liability of manufacturers actually has […]

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Why Always Ask Whether “I AM ABOVE 18 YEARS OLD”?

Because contract entered into with minors(people under 18 years-old) are voidable. That means the minors can simply void the contract without any liabilities even he/she had already used/consumed/destroyed the services/goods rendered by majorities(people above 18 years-old entered into contracts with minors) as long as the things are not necessaries for a minor, such as: vehicles […]

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Guarantee Receives Direct Benefits Cannot Be Surety

Surety provision is one the statutes of frauds which requires written agreements for enforcement. Following is a very interesting case in which a guarantee a alumni association receives a “gift” bears some mortgage from guarantor. The guarantee has to pay out the mortgage after the guarantor cannot afford anymore. Poor association, it has to pay it […]

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Ironic, The U.S. Statutes of Frauds – MY LEGS When Compared to China Law.

It’s surprisingly ironic to find that the United States such a so-called “credit society” needs much more statutes of frauds in which require signed or written contracts to be enforceable than almost all other such developing countries as China. According to a unofficial statistic, the U.S. has more than 2,500 SOF (statutes of frauds) collectively […]

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