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0 tracked cards Contracts

A party failed to deliver as promised and the nonbreaching party incurred substitute-performance costs. The moving party has the burden on a contested element, and the opponent identifies a plausible exception. How should the issue most likely be resolved?

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Reject all counterarguments once one party states a plausible rule statement. Resolve the issue solely for the party with the sympathetic facts because bar-tested disputes turn primarily on fairness. Treat the doctrine as satisfied whenever the topic label appears in the facts, even if one required element is missing. Apply the rules on contract remedies by testing each required element against the material facts, considering the identified exception or limitation, and granting only the consequence supported by the governing rule.

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