Handicapped Children’s Ed. Bd. of Sheboygan v. Lukaszewski case brief

Handicapped Children’s Ed. Bd. of Sheboygan v. Lukaszewski (SC of WI, 1983); CB 1020; Notes 63

Efficient breach
• Facts: P school hired D for 1 yr. K, D quits, takes another job. P sues D for damages for cost of hiring replacement, D claims that quit b/c physically unsafe to continue working.
• Rule: Can’t raise the doctrine of impracticability when it’s a result of your own conduct.
• Issue: D forced to breach employment contract due to health reasons (high blood pressure). D sues her to recover damages for the difference that they have to pay her replacement.
• Holding: Court finds this to be an efficient breach because she is making more at her new job and even if she compensates D (who now has a more qualified employee) she will still come out making more. Ct skeptical b/c D has higher paying job, no commute, more $.