LAW 122 Chapter Notes - Chapter 12: Expectation Damages, Damages, Specific Performance
13 Sep 2013
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Damages: is an award of money that is intended to cure a wrongful event, such as a breach of contract. Plaintiff does not receive exact thing but monetary value of that thing. Expectation damages: represent the monetary value of the benefit that the plaintiff expected to receive under the contract. Expectation damages are forward looking because they intended to place the plaintiff in the position that it expected to be in after the contract was properly performed. Costs of cure or loss of value. Difficulty of calculation: expectation damages are usually available even if they are very difficult to calculate. If the calculation is entirely speculative the court will not award damages. Most likely to do so if the plaintiff has a legitimate interest in having the work done or if the plaintiff has actually already spent money curing the defendants defective performance. Intangible losses: is a loss that does not have any apparent economic value.
