BL 260 Chapter Notes - Chapter 19: Rescission, W. M. Keck Observatory, Equitable Remedy
Document Summary
Usually all a party gets from a breach. Suing for breach is a business as well as a legal decision. Types of damages: compensatory: direct losses and costs, consequential: indirect and foreseeable losses and costs, punitive: punish and deter, nominal: recognize wrongdoing, no monetary loss. Goal: put them in same position they would have been in if no breach. Difference between value of promised performance and value of actual performance. Rarely available (need to show d exhibited aggressive behavior: (expected total payment) + (expenses from breach) (expenses avoided) (payment received, (actual costs) + (expected total profit) (payment received) Note: goal is not to punish the breacher. Method a + sh - sh - sh. You start working and spend on all of your supplies. You sue prof. nesson what are your damages. I breach! you have to spend to remove tile.
