LAWS 4175 Lecture Notes - Lecture 17: Mitigating Factor, Fungibility, W. M. Keck Observatory
29 Dec 2020
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Restrictions on the recovery of expectation damages: mitigation of damages. What if bridge company breaches and county wants bridge completed. County goes out and hires additional company with additional costs. Bridge is toll bridge and opening is delayed by 2 months. Bridge may get what additional ,000 they had to spend plus the 2 months of toll. (liv + ol) (ca + la). This is a general because it flowed naturally from the contract (if your first choice left, you"ll have to find another to build your bridge). Tolls are uncertain (need more information like traffic pattern, other tolls, etc. ) Instead of contracting for a bridge, county contracted for ferry boats to move the cars. County gives notice of intention to repudiate the contract. Should the ship builders stop building their ships (we know county has the legal right to do this).
