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Remedies for Breach of K.docx

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Wilfrid Laurier University
Valerie Irie

Damages: -It’s all about compensating a party -Place the injured party to where they would be if the contract would be performed -Opposite of tort law where the goal is to put the injured party back to where they were before the harmful act occurs -R has a contract with J. But F also wants to get a contract with R and is willing to pay more. So R breaches the contract with J to take F and gives a certain amount back to J -They have a requirement to reduce the lost as much as possible -The loss must flow from the breach **IMPORTANT CONCEPT : foreseeable from perspective of promisor -If there are special circumstances then they cannot be held liable. It is important to understand Measurement of Damages: -Expectation Damages: When calculating damages you have to keep in mind timing- start when contract is formed -> date of acceptance. -Opportunity Cost: if you did not have expectation of loss -J has entered into a contract with R but R breached it and she lost $10,000. But if she is able to get into a contract with H and she gains back $10,000 (this is a economic breach b/c there is no real lost) The lost opportunity cost is that she lost the contract with R (it’s about the lost profit) -General Damages: an economic device, not usually but pain and suffering can come into play. For instance: a bad face lift/ nose job can lead to general damages -Reliance Damages: if J did prep work under contract for R she is claiming reliance damages so she can get paid for the effort she put in for that time and effect she did in order to complete the contract -Liquidated Damages: -Preparing for breach as long as it is foreseeable, problem if SFC inequality in barging power -Mental Anguish: e.g. The cosmetic surgery gone bad -Jarvis wanted to go on vacation, he decided to go on a skiing vacation. He went on Swan
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