New Mexico Contract Law


It’s not quite the new year yet, but I’ve already made a resolution to embark on a new writing project. And, in a change of pace, I’m going to be working on this one online.

For six years now, I’ve been a member of the New Mexico Supreme Court Committee on Uniform Jury Instructions – Civil. Sadly, my second term ends in about a week and I will be term limited out. We have been looking at contract instructions lately, and I’ve frequently had to compare New Mexico’s law against the Restatement (Second) of Contracts. And it got my thinking–why not try to compile a restatement of New Mexico’s law of contracts?

I really don’t have time to do this. But it’s not the sort of thing I can resist. And, since I’ll also be teaching contract law this semester, it’s good preparation. So, to keep the pressure up, I’m going to try to do it online, where people can give me a hard time if I don’t get it done.

In that spirit, today I’ve published the first page. It covers Restatement section 355, which deals with punitive damages for breach of contract. Although there are suggestions to the contrary, I think that New Mexico is generally aligned with the restatement view, which allows punitive damages in contract cases to the extent that the breach could support them in an action for tort.

I hope you enjoy the project. If you see anything you thinks is incorrect, or have some cases I may have missed, I’d love to hear from you.

Looking for a New Mexico contract law attorney? Contact us or give me a call at (505) 273-9379.