ARE THERE DAMAGES? (see Shaheen v Knight (kids are not damages - sometimes a breach does not cause damages)
by Ely Markarian
1. Yes
1.1. Was there an actual contract?
1.1.1. Yes
1.1.1.1. Is it a transaction in goods? See U.C.C. 2-105: Def. of Goods. Also, see Cook v. Downing - courts will interpret things differently sometimes. Predominant Test (majority) or Gravaman Test (minority)
1.1.1.1.1. Yes
1.1.1.1.2. No
1.1.2. No
1.1.2.1. Is there a quasi-contract (quantum meruit)? See Cotnam v. Wisdom & Martin v. Little, Brown Co. (see Rest. § 371)
1.1.2.1.1. No
1.1.2.1.2. Yes