LAW 600A Lecture Notes - Lecture 36: Expectation Damages, Specific Performance, Diminution
Document Summary
3 forms of remedies: money, specific performance (when money damages are inadequate, restitution, expectation. Goal is to place the non-breaching party in the position they would have been had the contract been performed. Diminution in value, defendant just has to pay plaintiff the cost of the loss of value in the land b/c. The cost of doing the remedial work would be an enormous economic waste: reliance. Reliance damages aim to put the party in the position they would have been in had they never entered into the contract. In some cases, however, expectation damages may not be calculable or the reliance interest may actually provide a higher amount of damages. Plaintiff manufactures an oil and gas burning stove. Plaintiff reserves space at an exhibition for the purposes of marketing its new stove to buyers, not to sell on site. Plaintiff contracts with defendant to expeditely ship its stove to the exhibition.
