I need help!! Business Law Hwk on Remedies help!!!! I'm not sure if I'm right.

Question

1.Stephanie hires Jeff to provide and plant three lemon trees at her house in one week. Jeff agrees in writing to do the job for $400. Jeff never does it. Stephanie hires Elaine to do the exact same job but Elaine charges $1,000 and completes the work. Stephanie sues Jeff in Superior Court. How much compensatory damages will Stephanie be awarded? Choices: $1,000, $400, $600, or $0

I thought only $400 was owed because the $1000 is not related to Jeff and Stephanie. Am I right?

2.Mickey has numerous houses located in California, Florida, Tokyo, France and Shanghai. Donald is a licensed real estate broker. Mickey hires Donald to find a renter for Mickey’s house in Anaheim, Ca. and pays $500 for Donald’s services. Donald finds Goofy and Goofy signs a contract to rent this house. However, two weeks after signing the contract, Goofy breaches the contract. Mickey now has to find another rent and pays Donald another $500. This time Donald finds Roger and Jessica Rabbit who pay the rent and move in. Mickey sues Goofy for breach of contract. What are the damages called that will compensate Mickey for Donald’s fee? Choices: Punitive, Consequential, Incidental, or Compensatory

Is this incidental damage? I'm not sure?

3.Mick is in a band and has a huge concert where he will make approximately $500,000 for one night. However, he has blown a 50-amp fuse and needs to replace it. He contacts Marshall and tells Marshall that if he does not get the part in three days, he will lose all of this income. Marshall tells Mick that it is no problem and they will deliver the part within three days. Unfortunately, Marshall never ships the part because of a computer error at Marshall’s office. Mick sues Marshall for the $500,000. What type of damages are these called? Choices: Incidental, Punitive, Compensatory, or Consequential

I thought that it was Consequential damages because the part did not get delivered and it was not Mick's fault.

4.Ellen and Uncle Moneybags make a contract where Ellen will buy Uncle Moneybags’ boat for $100,000 if Ellen gets a T.V. show contract. Ellen only has $10,000 now and gives it to Uncle Moneybags and says that she will get the rest once she signed the T.V. contract. Uncle Moneybags agrees. However, the studio decides not to offer Ellen the T.V. show contract due to their own budget restraints. If Ellen sues Uncle Moneybags for the $10,000, what type of equitable remedy would this be? Choices: Reformation, Punitive, Restitution, or Specific Performance

I thought it was restitution because $10,000 belongs Ellen and there was not TV contract.

5.Marty has a Delorean Motor car (with a flux capacitor). He makes a contract to sell the car to Dr Brown for $50,000 in 10 days. However, on day 9, Marty tells Dr. Brown that he has changed his mind and wants to keep the car. Dr. Brown wants the car. What remedy will Dr. Brown request in his suit against Marty? Choices: Punitive, Reformation, Specific Performance, or Restitution

I thought this was Specific Performance. I'm not sure.

Answer 1

1. The general purpose of damages is to put the non-breaching party in the position s/he would have been in had the contract been fully performed. Here, had the contract been fully performed, Stephanie would have three planted lemon trees at a cost of $400. The facts state that Elain did the exact same work for $1,000. Therefore, in order to put Stephanie in a position had the original contract been fully performed, Jeff owes Stephanie $600, which is the extra money she had to pay to get the same job done. $400 is incorrect because the amount owed is related to what is required to essentially make the non-breaching party whole. She had to pay an extra $600, so $400 is insufficient and therefore, incorrect. Zero is also incorrect for the same reason.
2. For 1L Contract Law, do not get caught up in trying to decide whether damages are punitive (punitive damages are not allowed in contract law with only one narrow exception so forget about punitive damages), consequential, incidental, or compensatory. Instead, focus on understanding damages in general. As I said, the general purpose of damages is to put the non-breaching party in the position s/he would have been in had the contract been fully performed. Here, the contract was not fully performed, as the fact pattern so states. Most states call these compensatory damages. That said, your professor is much more likely to be interested in seeing if you can explain IF damages are appropriate, WHY, the are appropriatre, and the AMOUNT of damages that should be awarded. If you simply refer to them as "damages," your professor will be quite happy.
3. They are not consequential damages because consequential damages refer to a loss that was not ordinarily predicable. Here, it is entirely predicable that Marshall may fail to perform, and what the effects will be of Marshall's failure.
4. If Ellen sues for return of her $10,000 she can sue for restitution. Here, there was a condition precedent to the formation of a contract for the sale of the boat. That condition was Ellen obtaining a TV show contract. Since Ellen did not obtain the TV show contract, the contract for the sale of the boat did not form. Therefor, Uncle M has been unjustly enriched and Ellen can sue for restitution. She can also seek, in the alternative, specific performance in the form of return of the $10,000.
5. Specific performance, ordering completion of the contract and sale of the car. The other choices are not relevant.