LAW 122 Lecture Notes - Lecture 12: Expectation Damages, Fundamental Breach, Liquidated Damages
7 Sep 2017
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In law: you are entitled to damages for breach of contract ($) not performance as remedy. Damages an award of money that intend to cure wrongful event such as breach of contract: plaintiff x entitled to receive exact thing that expected to get; entitled only monetary value (reason pg. 288) A loss is remote if it would be unfair to hold defendant legally responsible for it. Plaintiff takes steps to minimize losses flowing from defendant"s breach. Plaintiff responsible only for taking reasonable steps to minimize loss. Damages denied only to extent that plaintiff unreasonably failed to mitigate. Plaintiff can recover costs associated w/ mitigation. Reliance damages: monetary value of expenses & opportunities that the plaintiff wasted under contract. Give me back what i lost"; look backward; victim placed as if contract never arose awarded only extend that contract is not unprofitable. Account of profits: defendant placed as if breach never occurred ( give me what you never should have received")
