LAW 122 Chapter Notes - Chapter 12: Punitive Damages, Expectation Damages, Liquidated Damages
8 Apr 2015
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You are entitled to damages (money) not performance as remedy: contractual damages. Expectation, reliance, account of profits, nominal, liquidated, and. Punitive damages: exceptions: you can sometimes get performance, equitable relief. Represent the monetary value of the benefit that the plaintiff expected to receive under the contract: plaintiff receives expected benefit of contract. Plaintiff does not receive performance, but instead value of performance at time of agreed performance (delivery etc: how to calculate expectation damages. Issues for expectation damages: complications in calculation of damages, difficulty of calculation, alternative performance. Loss must in fact be caused by breach. Loss must not be legally remote from breach: loss is not remote if either: Defendant knew or should have known of risk of loss: test applied at time contract is created (no hindsight). Victoria laundry (windsor) ltd. v. newman industries ltd. 1949] Contract for boiler delivery by boiler maker (d) and laundry owner.
