A replacement transaction is not a possible agreement; it must be adapted to the circumstances. Account should be taken, in particular, of the similarity, time and place of the provision and whether the difference between contractually agreed services and substitute services can be measured and compensated. A potential employee who cannot find replacement employment in their field does not have to mitigate by accepting a job in a completely different field. An advertising salesman whose job is refused does not have to soften himself by accepting a job as a taxi driver. If the only difference between the original and the substitute is the price, the non-infringing party must mitigate, even if the substitute performer is the original promisor. At common law, a plaintiff`s rights were limited to an award of damages. Subsequently, the court of equity instead developed the remedy of specific enforcement, if the damages proved insufficient. A particular advantage is often secured by the use of a right of possession, which gives the plaintiff the right to take possession of the disputed property. [ref. needed] Equitable remedies for violations are available if remedies do not complete the offending party. Equitable remedies are specific enforcement (an order requiring a person to deliver to the buyer the single thing that the seller has contracted), injunction (an injunction requiring a person to refrain from doing what he or she should not do) and restitution (restitution of the benefit granted to him or her if the contract is not performed. by a party, B.
to the extent necessary to avoid a sanction against the offending party). The complaint sets out two pleas in law. The first relates to amounts due under a contract; The second, based on the same allegations as the first, concerns damages resulting from the defendant`s breach. In its response, the defendant acknowledges the existence and validity of the contract, that the plaintiff fulfilled all conditions, assurances and promises and was willing to complete performance, and that the defendant breached the contract and “anticipated” it rejected. However, it denies that the applicant is entitled to money either under the contract or as a result of its breach and, as a positive defence to both pleas, relies on the applicant`s allegedly intentional failure to mitigate the harm and alleges that it unreasonably refused to accept her offer for the leading role in `Big Country`. Once students understand the basic idea of a particular achievement, they often want to jump into it to resolve almost any breach of contract. It seems reasonable that the non-offending party could ask a court to simply compel the promisor to do what he promised. However, a certain service is a very limited recourse: it is only possible to sell a single object in case of breach of contract, i.e. a single personal property (the samovar) or land (all real estate is unique). But if the item is not unique, so that the non-infringing party can go out and buy another one, then the action for monetary damages will solve the problem. And a certain service will never be used to force a person to provide services against their will, which would be involuntary servitude.
A person may be forced to stop doing what they should not do (injunction), but not be forced to do what they will not do. Contractual remedies serve to protect three different interests: an expected interest (the negotiated benefit), a legitimate interest to be expected (loss caused by confidence in the contract) and a deferred interest (advantage granted to the promisor). Overall, the specific benefit refers to the expected interest, pecuniary damages to all three and the restitution of the return interest. In practice, specific enforcement is most often used as a remedy for land transactions, such as the sale of land where the seller refuses to transfer ownership. The reason for this is that the country is unique and there is no other remedy to put the non-breaching party in the same situation if the contract had been performed. Damages paid to directly compensate the non-infringing party for the value of what was not done or performed are damages, in the contract, damages are paid to compensate the non-infringing party for the direct damage suffered. Sometimes it is easy to calculate this value of the promisor`s performance – for example, if the non-offending party has identifiable costs and benefits, as in the case of the builder who would have made a profit of $10,000 for a $100,000 home. If the service is a service, a useful measure of loss is what it would cost to replace the service with someone else. However, the calculation is often difficult, especially if the performance is one that cannot be easily duplicated. If Rembrandt broke a contract to paint your portrait, the loss could not be measured simply by the amount Van Gogh would charge to do the same. Theoretically, however, the net worth that would ultimately have been awarded to the non-infringing party is the appropriate level of damages.