{ "key_pair_value_system": true, "answer_rating_count": "", "question_feedback_html": { "html_star": "", "html_star_feedback": "" }, "answer_average_rating_value": "", "answer_date_js": "2024-06-21T07:12:55-04:00", "answer_date": "2024-06-21 07:12:55", "is_docs_available": "", "is_excel_available": "", "is_pdf_available": "", "count_file_available": 0, "main_page": "student_question_view", "question_id": "3414866", "url": "\/study-help\/questions\/if-a-breach-of-contract-is-both-material-and-opportunistic-3414866", "question_creation_date_js": "2024-06-21T07:12:55-04:00", "question_creation_date": "Jun 21, 2024 07:12 AM", "meta_title": "[Solved] If a breach of contract is both material | SolutionInn", "meta_description": "Answer of - If a breach of contract is both material and opportunistic, the injured promisee has a claim in restitution to the pro | SolutionInn", "meta_keywords": "breach,contract,material,opportunistic,injured,promisee,claim,restitution,profit,realized,defaulting,promisor", "question_title_h1": "If a breach of contract is both material and opportunistic, the injured promisee has a claim in restitution to the profit realized by the defaulting", "question_title": "If a breach of contract is both material and opportunistic, the injured", "question_title_for_js_snippet": "If a breach of contract is both material and opportunistic, the injured promisee has a claim in restitution to the profit realized by the defaulting promisor as a result of the breach Liability in restitution with disgorgement of profit is an alternative to liability for contract damages measured by injury to the promisee Commentators have described section 39's adoption as the equivalent of a quiet revolution that is breathtaking in its potential transformation of the traditional contractual landscape Caprice L Roberts, Restitutionary Disgorgement as a Moral Compass for Breach of Contract , 77 U Cin L Rev 991, 993 (2009) What is so revolutionary about this provision How does it differ from the traditional approach to contract damages described in your textbook Provisions in the Restatement are not legally binding unless and until they are adopted in a particular jurisdiction Would you encourage your jurisdiction to adopt section 39 Why or why not ", "question_description": "

If a breach of contract is both material and opportunistic, the injured promisee has a claim in restitution to the profit realized by the defaulting promisor as a result of the breach. Liability in restitution with disgorgement of profit is an alternative to liability for contract damages measured by injury to the promisee.<\/em><\/p>

Commentators have described section 39's adoption as the equivalent of a \"quiet revolution\" that \"is breathtaking in its potential transformation of the traditional contractual landscape.\" Caprice L. Roberts, Restitutionary Disgorgement<\/em> as a Moral Compass for Breach of Contract<\/em>, 77 U. Cin. L. Rev 991, 993 (2009). What is so revolutionary about this provision? How does it differ from the traditional approach to contract damages described in your textbook?<\/p>

Provisions in the Restatement are not legally binding unless and until they are adopted in a particular jurisdiction. Would you encourage your jurisdiction to adopt section 39? Why or why not?<\/p>", "transcribed_text": "", "related_book": { "title": "Financial Accounting in an Economic Context", "isbn": "9781118139424, 9781118139431, 470635290, 1118139429, 1118139437, 978-0470635292", "edition": "8th Edition", "authors": "Jamie Pratt", "cover_image": "https:\/\/dsd5zvtm8ll6.cloudfront.net\/si.question.images\/book_images\/61.jpg", "uri": "\/textbooks\/financial-accounting-in-an-economic-context-8th-edition-61", "see_more_uri": "" }, "free_related_book": { "isbn": "1680833626", "uri": "\/textbooks\/non-boolean-computing-with-spintronic-devices-1st-edition-978-1680833621-220727", "name": "Non Boolean Computing With Spintronic Devices", "edition": "1st Edition" }, "question_posted": "2024-06-21 07:12:55", "see_more_questions_link": "\/study-help\/questions\/social-sciences-psychology-2023-February-20", "step_by_step_answer": "The Answer is in the image, click to view ...", "students_also_viewed": [ { "url": "\/can-dirichlets-test-be-applied-to-establish-the-convergence-of-where", "description": "Can Dirichlet's Test be applied to establish the convergence of where the number of signs increases by one in each ''block''? If not, use another method to establish the convergence of this series. +", "stars": 3 }, { "url": "\/study-help\/frank-woods-business-accounting\/draw-up-tom-galleys-balance-sheet-from-the-following-information-1307594", "description": "Draw up Tom Galleys balance sheet from the following information as at 31 December 2024: Capital Trade receivables Motor vehicle Trade payables Equipment Inventory Cash at bank 37,650 9,290 11,610...", "stars": 3 }, { "url": "\/study-help\/coaching-supervision-a-practical-guide-for-supervisees\/explain-why-effortrecovery-theory-and-allostatic-load-theory-form-suitable-1980213", "description": "explain why effortrecovery theory and allostatic load theory form suitable frameworks for understanding the role of recovery from work;", "stars": 3 }, { "url": "\/paladin-parabolics-company-produces-highquality-microscopes-for-education-and-health", "description": "Paladin Parabolics Company produces high-quality microscopes for education and health care uses. The company uses a job order costing system. Because the microscopes' optics require significant...", "stars": 3 }, { "url": "\/study-help\/questions\/review-of-accounting-procedures-the-process-of-entering-transactions-in-9797231", "description": "Review of Accounting Procedures The process of entering transactions in a general journal is called: Select one: a. Charting accounts b. Posting c. Journalizing d. Transaction analysis", "stars": 3 }, { "url": "\/study-help\/questions\/a-firm-offers-three-different-prices-on-its-products-depending-203940", "description": "A firm offers three different prices on its products, depending upon the quantity purchased. Since available resources are limited, the firm would like to prepare an optimal production plan to...", "stars": 3 }, { "url": "\/study-help\/questions\/wilshire-products-generates-30-million-in-credit-sales-on-the-6887783", "description": "Wilshire Products generates $30 million in credit sales on the basis of its net 20 credit policy. In an effort to increase market share, the firm is considering changing to a net 30 credit policy....", "stars": 3 }, { "url": "\/study-help\/questions\/an-administrative-assistant-should-have-the-following-functionality-on-behalf-874121", "description": "An administrative assistant should have the following functionality on behalf of the CEO: Make calls. Retrieve calls. Join active calls. Pick up calls on hold. Which Teams Phone feature can achieve...", "stars": 3 }, { "url": "\/study-help\/questions\/what-was-the-cost-of-property-plant-and-equipment-4364934", "description": "The Katash Company is a leader in the poultry market. It produces, sells and markets fresh and ice packed commodity chicken and frozen products known for their value and healthful qualities. Katashs...", "stars": 3 }, { "url": "\/study-help\/questions\/a-toggle-press-is-shown-with-a-force-f-874224", "description": "A toggle press is shown with a force F = 300 N applied perpendicular to the toggle arm. Ram CD slides on the smooth vertical bar. Determine the compressive force on E when theta is 60 degrees. -250...", "stars": 3 }, { "url": "\/study-help\/questions\/the-crosssection-of-an-aeroplane-elevator-is-shown-below-if-874300", "description": "The cross-section of an aeroplane elevator is shown below. If the elevator is 2 m long constructed from aluminium alloy with G = 30 GN\/m, calculate the total angle of twist of the section and the...", "stars": 3 }, { "url": "\/study-help\/questions\/maruti-suzuki-drives-business-growth-on-a-full-oracle-stack-876980", "description": "Maruti Suzuki Drives Business Growth on a Full Oracle Stack Youtube video: In regards to Business Intelligence effects on Maruti Suzuki, answer the following questions: 1.) What were the business...", "stars": 3 }, { "url": "\/study-help\/questions\/illustrates-your-understanding-of-the-case-and-application-to-the-3232682", "description": "Illustrates your understanding of the case and application to the leadership theories: \"Northouse\" 2019- Chapter 8-9: Transformational Leadership Theory and Authentic Leadership Theory to Leadership....", "stars": 3 } ], "next_back_navigation": { "previous": "\/study-help\/questions\/the-loanable-funds-market-in-country-z-is-in-equilibrium-3414865", "next": "\/study-help\/questions\/a-farm-must-decide-whether-or-not-to-purchase-a-3414867" }, "breadcrumbs": [ { "name": "Study help", "link": "https:\/\/www.solutioninn.com\/study-help\/questions-and-answers" }, { "name": "Social Sciences", "link": "https:\/\/www.solutioninn.com\/study-help\/questions-and-answers\/social-sciences" }, { "name": "Law", "link": "https:\/\/www.solutioninn.com\/study-help\/questions\/social-sciences-law" }, { "name": "If a breach of contract is both material and opportunistic, the injured", "link": "https:\/\/www.solutioninn.com\/study-help\/questions\/if-a-breach-of-contract-is-both-material-and-opportunistic-3414866" } ], "skill_details": { "skill_id": "268", "skill_name": "Law", "parent_id": "4" } } } }