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Damages Skeleton Outlines

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.

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58 views2 pages

Damages Skeleton Outlines

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.

Uploaded by

pristinebutterfly
Copyright
© Attribution Non-Commercial (BY-NC)
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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 Expectancy

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...
 

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