Case Key Facts Issues Holding/Theory Parker v. 20 th Century-FoxFilm Corp. P was offered a lead role in a movie and then the D decided not to produce the film. She was offered a role in another film where she was not the lead and did not have director and screenplay approval, although compensation was identical. P obligated mitigate damages? Parker (P) did not fail to mitigate damages. The role she was offered in place of the firstone was different and inferior. The P sho uld not have to mitigate damages by seeking inferior employ ment (it must be substantially similar). It was notunreasonable in her refusal to mitigate damages. Neri v. RetailMarine Corp.§ 2-718 § 2-708 P paid deposit on boat from D. P then repudiated the sale a weeklater due to an operation and requested refund of deposit. Sues to recover depo sit and D fi les a counterclaim for lost profits and expense s. D sold th e boat four months later to a diff. c ustomer. Recovery of lost profits in sales K when Exp. Damages inadequate? Yes, a volume retail seller can recover lostprofits when exp. damages are inadequate. In this case the buyers right to restitution and the sellers rights to offsets under UCC 2-718 were established on the motion for summary judgment. The measure ofdamages provided in subsection (1) is inadequate to put the seller in as good a position as full performance. Under 2-708 (2) the seller is entitled to its profitincluding reasonable overhead along with incidental damages, due allowance for c osts reasonably incurred and due credit for payments or proceeds of resale.Copylease (P) v. Memorex(D)D had a contract with P, that P would sell Ds toner, and would be the exclusive vendor in some regions. D unilaterally altered the business relationship breaching the contract. P sued both for damages for losses, and for specific performan ce of the exclusivity agreement. Specific Performance Diversity jurisdiction case here, state law governs granting of equitable relief. Case mentions that C alifornia UCC Code MAY allow for specific purpose is the goods are unique or in other proper circumstances.In this case, Copylease was having trouble finding other sources of toner bc they were inferior to Memore xs. This may qualify a s unique or other proper circumstances. However, more testimony is needed. New hearingLake River v. Carborundum Co. See Casebook/Case BriefIs the Guarantee Clause to impose a penalty for breach or an effort to liquidate damages? It is a penalty clause. Lake River would be better off the earlier that Ca rborundu m breaches, thus an efficient breach thatwould benefit them. The damage formula is thus, invalid. However, Lake River is still entitled to its exp. Damages (K Price Costs Saved by Laker river to not Complete K). Hadley v. Baxendale A shaft in Hadleys (P) mill broke renderin g the mill inoperable. Hadley hired Baxendale (D) to transport the broken mill shaft to an engineer in Greenwich so that he could make a duplicate. Hadley told Baxendale that the shaft must be sent immediately and Baxendale promised to deliver it the next day. Baxendale did not know that the mill would be inoperable until the new shaft arrived.Baxendale was Foreseeability Limits damages to those that may be reasonably be considered to: (1) arise naturally according the usual c ourse ofthings (foreseeability), the breach of the K itself, or (2) arise from the special circumstances under which the K was actually madeif and ONLY IF these special circumstances were communicated by the P to the D.In this case, the loss of profits here cannotreasonably be considered such a
