BrehmWood owners Jeremy Brehm and Phil Wood decided not to try marketing their prosthetic limbs on their own (they are inventors, not marketers). Instead, they entered into a lucrative contract with Medtech Prosthetics. One of BrehmWood's main responsibilities is to provide a set number of prosthetics (15 per month) to the various Medtech Prosthetics sales reps each month and provide them with ongoing training about how the prosthetic limbs work.

Unfortunately, the BrehmWood production team is behind schedule. Last month it was only able to provide five prosthetic hands to Medtech. They remain behind, although they do hope to get the company at least ten hands before the end of the month. Additionally, the Medtech recently learned that BrehmWood may be holding back on some of the limbs it has already produced to use in a marketing effort in Europe in a few months.

The technical writers who are developing the training materials are also behind, and the company has not been able to hire and train the trainers who will work with the Medtech representatives.

• What law will apply to the contract between BrehmWood and Medtech? Why?
• Has BrehmWood substantially performed the contract? Why (or why not)?
• What remedies might be available to Medtech Prosthetics if it were to succeed in a breach of contract lawsuit?