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all times, you must protect the other party in a contract from any unnecessarylosses. This principle is known as mitigation of damages .Example 14. Peter Lister contracted to deliver 1,000 baskets oftomatoes from his farm to a cannery for a certain price. Whenhe tried to deliver the tomatoes, however, the canner would notaccept them. Under the mitigation of damages principle, Listerwould be obligated to try to find another buyer for the tomatoes.If he didn’t make as much money, he could demand paymentfrom the cannery for the difference between what he was paidfor the produce and what the cannery had agreed to pay.Equitable RemediesThe remedy of money damages is not always enough to repay aninjured party for breach of contract. In these cases, the injured partymay seek an equitable remedy (see Figure 12.4). Two chief equitableremedies are specific performance and an injunction.Specific PerformanceSometimes the remedy of money damages is not enough to repay abreach of contract. In that case, one party may sue the other for specificperformance by asking the court to order the other party to do specificallywhat he or she originally agreed to do. However, this remedy canonly be used when money damages are not sufficient to give relief.Example 15. Doreen Russell contracted to sell Betsy Keller avaluable original oil painting. Doreen then breached the contractand refused to sell. Money damages would not be adequate inthis case because the painting could not be purchased elsewhere.The court would order Doreen to turn the painting over to Betsyfor the agreed price.As Example 15 illustrates, specific performance can be grantedwhen the subject matter of the contract is rare or unique. It would notFigure 12.4TypeSpecific PerformanceInjunctionEquitable Remedies TypeDescriptionSpecific performance requires the other party to carryout the terms of the contract as originally agreed.An injunction is an official order of the court compellinga party to stop the performance of some action.EQUITABLE REMEDIESMoney damages are not theonly remedy that might beavailable in a contract case.When might damages bean insufficient remedy in abreach of a contract case?Chapter 12: Transfer of Contracts and Remedies for Breach 253

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