Breach of Contract and Remedies Sales and Marketing Law
Review remedies at law and in equity
Equity remedies in contracts cases
Specific performance – important to ISM
Injunction – Intellectual property
Rescission
Rare except in cases of material breach
What is a material breach?
Breach of a condition
Goes to heart of contract purpose
Remedies at law in contracts cases
Compensatory damages – restore non-breaching party to as
Good an economic position as would have enjoyed if breach
had not occurred.
Consequential damages foreseeable damages flowing from
breach.
Key – foreseeable
Significance and importance of addressing
Liquidated Damages – common in ISM contracts
Old rule – reasonable approximation and used for
damages difficult to measure
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