Sometimes there has been partial performance. That is taken into account when we calculate where the non-breaching party is after the breach. For instance, suppose Tony Soprano decides that Jennifer needs to be whacked. He enters into a contract with Christopher under the terms of which Christopher is to do the job for twenty grand. To show his good faith, Mr. Soprano gives Christopher five grand at the time he orders the hit. If Christopher performs the contract, and Tony fails to make any further payments, Christopher needs to determine how much he is entitled to. What is the position that Christopher would have been in if Tony had performed? |
He would have had nothing. |
He would have had fifteen grand. |
He would have had twenty grand. |
He would be sleeping with the fishes. |