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Unformatted text preview: performance, and that the performance does not deviate significantly from those terms. Whether a performance is deemed to be substantial is decided by the courts on a case by case basis. Damages can be awarded even when a contract is considered to be substantially performed. 5. Under what circumstances is the remedy of rescission and restitution available? Rescission with restitution is typically used to remedy situations where fraud, mistakes, duress or a failure of consideration were present within the contract negotiation and development process. 6. When do courts grant specific performance as a remedy? Specific performance would be granted when monetary damages would be inadequate compensation because the goods under consideration were unique and consequently, satisfactory substitutions do not exist....
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This note was uploaded on 07/31/2010 for the course BUS 0987 taught by Professor Fogli during the Summer '10 term at SUNY Schenectady County.
- Summer '10
- Business Law