The document discusses different types of damages for breach of contract, including expectancy damages, reliance damages, and restitution. Expectancy damages aim to put the non-breaching party in the position they would be in if the contract had been performed, and are calculated as losses incurred minus losses avoided. Reliance damages aim to reimburse the non-breaching party for costs incurred in reliance on the contract. Restitution aims to return any benefit received by the breaching party. Each damages theory has specific rules and limitations under common law and the Uniform Commercial Code.
The document discusses different types of damages for breach of contract, including expectancy damages, reliance damages, and restitution. Expectancy damages aim to put the non-breaching party in the position they would be in if the contract had been performed, and are calculated as losses incurred minus losses avoided. Reliance damages aim to reimburse the non-breaching party for costs incurred in reliance on the contract. Restitution aims to return any benefit received by the breaching party. Each damages theory has specific rules and limitations under common law and the Uniform Commercial Code.
Copyright:
Attribution Non-Commercial (BY-NC)
Available Formats
Download as DOCX, PDF, TXT or read online from Scribd
The document discusses different types of damages for breach of contract, including expectancy damages, reliance damages, and restitution. Expectancy damages aim to put the non-breaching party in the position they would be in if the contract had been performed, and are calculated as losses incurred minus losses avoided. Reliance damages aim to reimburse the non-breaching party for costs incurred in reliance on the contract. Restitution aims to return any benefit received by the breaching party. Each damages theory has specific rules and limitations under common law and the Uniform Commercial Code.
Copyright:
Attribution Non-Commercial (BY-NC)
Available Formats
Download as DOCX, PDF, TXT or read online from Scribd
o Out P in place they would be had K been performed
o Formula Damages = [loss of value + other loss] - [loss avoided + cost avoided] Note that loss of value is cost of performance plus profit o Subsets of Expectancy Damages: General damages Incidental damages Consequential damages Measure of damages: Rock Island Morello Restatement § 346 and 347 o Lost Profit Warner Efficient Breach o UCC 2-601: buyer's rights on improper delivery 2-601 2-711 2-712 (cover) 2-713 2-714 o Qualifications: Common Law Duty to mitigate cases New business rule (NBR) cases UCC Buyer Consequential damages only apply to the buyer Seller Lost volume seller Duty to mitigate (cover) Reliance o Goal o Measure of damages Goodman Exception: Walter Employment contracts Eby o Partial enforcement o Limitations Lost future income No negative expectancy Restitution o Goal o When to choose restitution over expectancy Non-profitable K Anderco Profit/Value too speculative o Measure of damages Cases o Restatement § 371 o Cases o Limitations If k enforceable, return of value of benefit conferred, but must be less than expectancy Negative expectancy Others...