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Kx - my charts - DAMAGES Expectation Loss in value to...

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DAMAGES Expectation * usually used Loss in value to promisee based on other party’s breach (promisee worse off than if promise had been performed). Damages = Promisee receives benefit of bargain (put promisee in position would have been had promised been performed). (Promise – prior). Sullivan (promised nose – damages should have rec’d). Amount of damages are generally measured by promisee’s actual loss, not by amount of promisor’s profits. United Naval Institute (books) If hard to measure, may try other form NOT pain and suffering, but arbitration can award damages court cannot Fundamental assumption of contracts relief is based on expectation interest (i.e., protect promisee’s expectation). Reliance * use for p/e Promisee changed its position to its detriment in reliance on the promise. Put promisee back in position occupied just before parties entered agreement (i.e., if promise had not been made) to compensate for detriment suffered in reliance upon agreement: (prior – actual). Sullivan (nose before and after; p/s for extra operation). Damages = value of detriment to promisee EX: incurred expenses in preparation to perform; lost opportunities Restitution * use for unjust enrichment; quanum meriut quasi-contract Damages correspond to benefit conferred by promisee to promisor in relying on promise; put back in position would have been in w/o promise Damages = reasonable value other party received based on what it would have cost him to obtain from person in claimant’s position, OR extent to which other party’s property has been increased in value (Limited to gain at the promisee’s expense). Benefit conferred by promisee on promisor must result in unjust enrichment to have action for recovery. Sometimes imposed by courts for extraordinary, gratuitous aid. Webb No restitution for Good Samaritans (enrichment is not “unjust”). Mills EX: rendered some performance/pd fee in return for broken promise Specific Performance When damages not adequate to protect the expectation interest of injured party usually real estate b/c of uniqueness that money cannot equal Ct may order specific performance if expectation damages are too speculative and b/c of unique contract. Oglebay Fundamental assumption of contract Relief is substitutional, NOT specific. (i.e., substitute money for actual performance). Punitive Rare. Usually only for tortious conduct that is outrageous; or sometimes not at all. Spite at Spigot (water-well no puni even if breach willful) Fundamental assumption of contracts relief is compensatory and NOT punitive. Nominal Small amount. A way to declare P’s rights. P proves breach of contract but fails to prove damages.
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