Tort Bunnies: Perfect Tender

Tort Bunnies Two more bunnies!

Principal Case

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Notes

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August 09, 2010. I came up with this one while talking to my Contracts professor.

Traditionally, a plaintiff in a suit at law (as opposed to a suit in equity) can only demand monetary damages. For a breach of contract, a plaintiff normally receives expectation damages, or enough money to restore the injured party to where they expected to be had the contract been performed. In this case however, because a duck is worth more than a carrot, the defendant's breach of contract has actually increased the plaintiff's monetary position. Suing for a breach of contract here would be like suing someone for giving you too much money.

Fortunately, under Section 2-601 of the Uniform Commercial Code, Tort Bunny should be able to reject François and demand the carrot she ordered. Failing that, she can leave François on the counter and ask for a refund.

That's not Tort Bunny's style though. She's going to take François home, gripe about it on Facebook, and then come back to this shop to open up a righteous can of whoop-ass.

Oh, and to all those about to criticize my French: "Fermez le fuc en haut." That's Duck for: "Thank you for your feedback, but the Duckish language bears only a superficial resemblance to French. Quack quack quack."

Om nom nom.

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