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Louis Caroline nursing home v. Dix

The nursing home built a nursing home but didnt finish. They wanted the difference in

value for the finished building and the building they got.
How much is it going to cost to complete it They paid a 100k and another 20k to finish it. IT was less than the original

contract price. They didnt lose anything. They got what they bargained for in the origian l contract There are no damages because they already got the benefit of the breach. (got the nursing) They are in a better position. Hypo #3--> if Louis Caroline ocntracted ot pay 200k for nursing home and nothing was completed. They paid a 100k on the contract and paid a 3rd party to construct the building for 40k. No expectation damages But they would get 100k in restitution damages. If no construction is completed iyou get your money back Hypo #4--> If Louis constructed Expectation; No Restitution: 50k (maybe) Its discretionary

Breach by the seller for services

Disgorgement Louis Caroline Cost of completion and completion value No disgorgement under Restatement--They don't lose anything from the

breach
Diminished value Peevyhouse v. Garland Contracted with D to mine their farm for coal. D mined the coal used strip

mining which dug holes in the ground. The contract with the company stated that they would restore the land. They didnt and didn't deny it. Peevyhouse wanted the diminished value--> 5k The cost of fixing the land would be 30k which is substantially less than the property would be worth Go with diminished returns if it is grossly disproportionate to the disgorgement. Cost of completion--> generally rule when cost of completion seems out of proportion with diminished value. Economic waste Award damages based on promises subjective interest. How would P likely spend the money Ruxley test

Guy contracts to build pool of certain depth its not. Court says it won't diminish value of home. Court tries to measure subjective value. Not worth redoing pool but he should get something he wanted. Bayern and his granite countertops vs. quartz countertops

Breach by the buyer (Payer of the money)

o

Aiello construction Inc. v. Nationwide tractor trailer training and placement P contracted D to level the ground. P (seller) promises to level. D (buyer) promises to make payment in 5 installment. D stops making installments. Seller sues. (Breach against them harmful) Price includes expenditures-->> benefit of bargain was not the contract price but Give seller profit they would have had.

No Work done

--> just give them lost profits. --> cost incurred + lost profits. --> Contract price -- (total cost cost paid ->>unused material; replacement gains)

Some Work done

Wired Music Wired music distributes music. Had a 3 yr. agreement with Clark at month 17 Clark. Third party took over his contract at higher price. Wired sued Clark for rest of the contract. If they have a unlimited supply--> lost profits. Vitex Fixed costs not included--> costs that would be incurred no matter the contract. Non-delivery When the seller fails to deliver the goods Remedies

Breach by seller of goods

o

Cover Market Price

Buy good from substitute and sue seller for cost of alternative. Market price of good @ the time -- contract price

Egerer v. CSR West LLC D bought fill from P for 1.10 but the state decided that they could substitute the fill at lower price. They decided to breach. Buy doesn't cover right away but bought alternative material at 6.39. They sue for market price damages.

Defective material