LAW 122 Chapter Notes - Chapter 12: Expectation Damages, Damages, Personal Services
1 Dec 2016
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Document Summary
Damages: an award of money that is intended to cure a wrongful event, such asa breach of contract. Expectation damages: represent the monetary value of the bene t that the plaintiff expected to receive under the contract. Expectation damages are forward looking because they are intended to place the plaintiff in the position that they are expected to be in after the contract was properly formed. Dif culty of calculation, most of cure or loss of value, alternative performance, intangible losses and emotional distress, remoteness, and mitigation of damages. It is awarded even if the calculation was imprecise. If the calculation of the plaintiff"s loss is not dif cult, but entirely speculative, a court will not award damages. Dif culty in calculating expectation damages may arise if the contract allows the defendant to perform in a variety of ways. Damages are calculated on the basis of the least onerous option - what is the minimum acceptable performance .
