Sarah's House Caught on Fire, Term Paper

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The purpose of a contract remedy is to make each party whole. An appropriate remedy would have been for the contractor to be responsible for the necessary repairs, and to pay for any resulting damages (for example, hotel charges if the repairs rendered the house unusable or the costs of restaurant meals if the kitchen could not be used).

5. Protein entered into a contract to buy stock in a small corporation from Gingerich. They refused to take the stock and Gingerich sought specific performance, on the grounds that the stock was not sold on the general market and its value could not be easily ascertained. Gingerich was not entitled to specific performance. Specific performance is only available when a money judgment cannot make a party whole, such as when the subject of a contract is unique. If they entered into a sales contract, the parties clearly identified a value for the stock.

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Therefore, Gingerich could be made whole by receiving the difference between the agreed sales price and the price at which it eventually sells the stock.

10. In May, a homeowner entered into a contract with a roofer for roof repairs to be completed by July 1st. The roofer never came to repair the roof, and heavy rains in the fall damaged the home's interior. The homeowner sued for those damages. The homeowner was not entitled to recover for those damages because the homeowner had ample time between July 1st and the fall to seek to enforce the contract and to find another roofer to replace the roof. The homeowner had a responsibility to mitigate the damages. It was not foreseeable to the roofer that the homeowner would fail to have the roof repaired. However, if the roofer knew that by July….....

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"Sarah's House Caught On Fire " (2005, November 01) Retrieved July 10, 2025, from
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"Sarah's House Caught On Fire " 01 November 2005. Web.10 July. 2025. <
https://www.aceyourpaper.com/essays/sarah-house-caught-fire-69039>

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"Sarah's House Caught On Fire ", 01 November 2005, Accessed.10 July. 2025,
https://www.aceyourpaper.com/essays/sarah-house-caught-fire-69039
   

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