Ch 1 Sec 1 Outline - 1.1 Goals of Contract Damages I Remedies for Medical Services a Goal Gives the injured party the benefit of the bargain

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1.1 Goals of Contract Damages I. Remedies for Medical Services a. Goal : Gives the injured party the benefit of the bargain through expectancy damages b. Rule for Damages: Expectancy Damages EXCEPT when you can’t easily evaluate expectancy damages, then reliance damages are awarded c. Hawkins v McGee- hairy hand i. Contract : Dr/Patient ii. Damages : Expectancy : (Lost wages- Expected Value) iii. Ratio Decidendi: Expectancy Damages iv. Minimum Holding: If expectancy damages can’t be realized, use reliance damages d. Sullivan v O’Connor- nose job i. Damages: Reliance (pain and suffering) ii. Law allows actions based on alleged contracts, but insists on clear proof iii. Uses Minimum Holding b/c expectancy damages can’t be realized II. Remedies for Breach of Building and Construction Contracts a. Goal : Does not attempt to compel completion of the bargain b. Rule for Damages : Expectancy damages are generally cost of completion EXCEPT when cost of completion is disproportionately greater than diminution in value, in which case you use diminution of value unless cost of completion is a substantial factor in the contract price c. Groves v John Wunder- breach of contract for soil grade i. Contract : Construction 1. Goal: Not to punish breacher 2. Damages: Expectation : Cost of Completion ii. Ratio Decidendi: Cost of Completion is awarded 1. the cost of filling up the pits (cost of performance) was a large % iii. Minimum Holding: Use Dim. in Value if COC > Diminution in Value d. i. P leased half of farm containing coal deposits to D for 5 years so D could extract coal by strip mining and then fill in all pits and smooth surface ii. P sued D for breach because D did not complete final measures 1. Would have cost $29K but only increase land value by $300 2. Trial court awarded P $5000 iii. SC modified judgment to $300 1. a. remedial work was incidental 2. OK statute: no person can recover greater amt in damages for breach than he would have gained by full performance a. limits P to damages of
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This note was uploaded on 04/18/2008 for the course LAW Contracts taught by Professor G.flint during the Fall '07 term at Saint Mary's University Texas.

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Ch 1 Sec 1 Outline - 1.1 Goals of Contract Damages I Remedies for Medical Services a Goal Gives the injured party the benefit of the bargain

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