LAW 122 Study Guide - Final Guide: Punitive Damages, Damages, Liquidated Damages

• School: Ryerson University
• Department: Law and Business
• Course: LAW 122
• Professor: Theresa Miedema

Document Summary

Rule: you are entitled to damages for breach of contract (money) not performance as remedy. An award of money that is intended to cure a wrongful event, such as a breach of contract. Represent the monetary value of the benefit that the plaintiff expected to receive under the contract. Plaintiff doesn"t receive performance, but instead value of performance at time of agreed performance: we put the plaintiff in the position the plaintiff would have been in, had the contract actually been performed. Complications in calculations of damages: difficulty of calculation, alternative performance, intangible losses and emotional distress, remoteness, mitigation. As long as damages are not purely speculative, we"ll find a way to calculate them. If the calculation of the plaintiff"s loss is not merely difficult, but entirely speculative, a court will not award damages. If there are alternative ways that the defendant could have performed the contract, we"ll base damages using the minimal acceptable performance.