LAW 122 Study Guide - Midterm Guide: Expectation Damages, Liquidated Damages, Punitive Damages
Document Summary
Issues for expectation damages: awarded even if calculation is imprecise, not awarded if calculation is totally speculative, difficulty in identifying expected benefit, receipt of service itself cost of cure damages: Awarded if plaintiff has legitimate interest in having the work done or if plaintiff already spent money curing defendant"s performance: receipt of value of service"s end product loss of value damages: Awarded if difference between cost of cure and benefits of cure is unreasonably large: alternative performance: calculated on the basis of the least onerous option. Intangible losses: will be provided, if they were in the reasonable contemplation of the parties. 280: reasonable person should have known of risk of loss, defendant actually knew of risk of loss, test applied at time of creation of contract, remoteness as a rule of fairness. You will get the losses that you cannot reasonably mitigate () since they could have gotten another supplier in 3 weeks.